Oregon Administrative Rules
Chapter 437
Division 4
Agriculture
Administrative
Order 2-2023
ii
The Oregon Department of Consumer and Business Services adopted these rules pursuant to ORS
654.025(2).
The Secretary of State designated OAR Chapter 437 as the “Oregon Occupational Safety and Health
Code.” Six general subject areas within this code are designated as “Divisions.”
Division 1 General Administrative Rules
Division 2 General Occupational Safety and Health Rules
Division 3 Construction
Division 4 Agriculture
Division 5 Maritime Activities
Division 7 Forest Activities
Oregon Revised Statutes (ORS) 654 The Oregon Safe Employment Act (OSEAct)
Oregon-initiated rules in this division of the Oregon Occupational Safety and Health Code are
numbered in a uniform system developed by the Secretary of State. This system does not number
the rules in sequence (001, 002, 003, etc.). Omitted numbers may be assigned to new rules at the
time of their adoption.
Oregon-initiated rules are arranged in the following Basic Codification Structure adopted by the
Secretary of State for Oregon Administrative Rules (OAR):
Chapter Division Rule Section Subsection Paragraphs
437 004 0150 (1) (a) (A)(i)(I)
The majority of Oregon OSHA rules are adopted by reference from the Code of Federal Regulations
(CFR), and are arranged in the following basic federal numbering system:
Chapter Division Part Subpart Section Paragraphs
(Subdivision)
437 004 1928 M .1027 (a)(1)(i)(A)(1)
The terms “subdivision” and “subpart” are synonymous within OAR 437, Oregon Occupational Safety
and Health Code.
To obtain an order form or copies of these codes, address:
Department of Consumer & Business Services
Oregon Occupational Safety & Health Division (Oregon OSHA)
350 Winter St. NE
Salem, OR 97301-3882
Or call the Oregon OSHA Resource Library at 503-378-3272
The rules referenced in this division are available for viewing in the Office of the Secretary of State,
Oregon State Archives Building, Salem, Oregon, or the Central Office, Oregon Occupational Safety
and Health Division of the Department of Consumer and Business Services, 350 Winter St. NE,
Salem, Oregon, and on our web site at osha.oregon.gov.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
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Table of Contents for Division 4
Historical Notes for Division 4 ............................................................................................. 665
Subdivision A, General Subjects
437-004-0001 Application ........................................................................................... A-1
437-004-0002 Scope ................................................................................................... A-1
437-004-0003 Exclusive Coverage ............................................................................. A-2
437-004-0005 Access to Employee Exposure and Medical Records .......................... A-2
437-004-0099 General Standards ............................................................................... A-3
Subdivision B, Definitions
437-004-0100 Universal Definitions ............................................................................ B-1
437-004-0150 Standards Organizations ..................................................................... B-7
Subdivision C, Safety Committees
437-004-0240 Safety Orientation for Seasonal Workers ............................................. C-1
437-004-0251 Safety Committees and Safety Meetings ............................................. C-2
Subdivision D, Work Surfaces
437-004-0310 Working Surfaces ................................................................................. D-1
437-004-0320 Guarding Floor and Wall Openings and Holes ..................................... D-2
437-004-0330 Fixed Industrial Stairs .......................................................................... D-8
437-004-0340 Portable Ladders ................................................................................ D-11
437-004-0350 Orchard Ladders ................................................................................ D-17
437-004-0360 Fixed Ladders .................................................................................... D-18
437-004-0370 Scaffolding ......................................................................................... D-29
437-004-0380 Manually Propelled Mobile Ladder Stands and Scaffolds (Towers) ... D-39
437-004-0390 Other Working Surfaces ..................................................................... D-40
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Subdivision E, Exits/Plans
437-004-0405 Exits and Emergency Action Plan ........................................................ E-1
437-004-0450 Emergency Action Plan........................................................................ E-2
Subdivision F, Manlifts
437-004-0570 Manlifts ................................................................................................ F-1
Subdivision G, Health-Environment
437-004-0610 Ventilation ............................................................................................ G-1
437-004-0630 Noise Exposure ................................................................................... G-1
437-004-0650 Ionizing Radiation ................................................................................ G-6
Subdivision H, Hazardous Materials
437-004-0710 Compressed Gases ............................................................................. H-1
437-004-0715 Acetylene ............................................................................................. H-2
437-004-0716 Oxygen ................................................................................................ H-2
437-004-0717 Hydrogen ............................................................................................. H-7
437-004-0720 Flammable Liquids ............................................................................... H-7
437-004-0725 Spray Finishing .................................................................................. H-15
437-004-0770 Explosives and Blasting Agents ......................................................... H-17
437-004-0780 Storage and Handling of Liquefied Petroleum Gases ........................ H-17
437-004-0790 Use of Liquefied Petroleum Gas or Natural Gas in Fields and Orchards
........................................................................................................... H-68
437-004-0800 Storage and Handling of Anhydrous Ammonia .................................. H-69
437-004-0950 Hazardous Waste Operations and Emergency Response ................. H-89
Subdivision I, Protective Equipment
437-004-1005 General Requirements for Protective Equipment ................................. I-5
437-004-1020 Personal Fall Protection ....................................................................... I-7
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437-004-1030 Work Clothing .................................................................................... I-10
437-004-1035 Eye and Face Protection .................................................................... I-11
437-004-1041 Respiratory Protection ....................................................................... I-12
Appendix A to 437-004-1041, Respiratory Protection
Fit Testing Procedures (Mandatory) ................................................... I-33
Appendix B-1 to 437-004-1041, Respiratory Protection
User Seal Check Procedures (Mandatory) ......................................... I-59
Appendix B-2 to 437-004-1041, Respiratory Protection
Respirator Cleaning Procedures (Mandatory) .................................... I-61
Appendix C to 437-004-1041, Respiratory Protection ........................ I-63
Apéndice C de OAR 437-004-1041, Protección de la Respiración .... I-73
Appendix D to OAR 437-004-1041 Information for Employees
Voluntarily Using Respirators (Mandatory) ........................................ I-83
Apéndice D de OAR 437-004-1041 Información para Trabajadores
que Usan Respiradores Voluntariamente (Obligatorio) ...................... I-85
437-004-1050 Head Protection ................................................................................. I-87
437-004-1060 Hand, Foot, and Extremity Protection ................................................ I-87
437-004-1070 Working Underway on Water ............................................................. I-89
437-004-1075 Working Over or in Water ................................................................... I-90
Appendix A to Subdivision 4/I Sample Hazard Assessment for Personal Protective
Equipment (PPE) (Nonmandatory) .................................................... I-91
Subdivision J, Work Environment
437-004-1105 Sanitation ............................................................................................ J-5
437-004-1110 Field Sanitation for Hand Labor Work ................................................. J-8
437-004-1115 Repealed ........................................................................................... J-11
437-004-1120 Agricultural Labor Housing and Related Facilities ............................. J-11
437-004-1131 Heat Illness Prevention ..................................................................... J-31
Appendix A - Mandatory Information for Heat Illness Prevention ...... J-41
437-004-1140 Lighting ............................................................................................. J-47
437-004-1150 Safety Colors for Marking Physical Hazards ..................................... J-47
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Table of Contents
437-004-1180 Accident Prevention Signs ................................................................. J-47
437-004-1250 Confined and Hazardous Spaces ...................................................... J-49
437-004-1260 Manure Lagoons, Storage Ponds, Vats, Pits and Separators ............ J-54
437-004-1275 The Control of Hazardous Energy (Lockout/Tagout) ......................... J-55
Appendix A Typical Minimal Lockout Procedure ............................. J-65
Subdivision K, Medical/First Aid
437-004-1305 Medical Services and First Aid ............................................................. K-1
Subdivision L, Fire
437-004-1430 Sources of Fire .................................................................................... L-1
437-004-1440 Required Postings ............................................................................... L-2
437-004-1450 Extinguishers ....................................................................................... L-3
437-004-1460 Fire Prevention Plan ............................................................................ L-4
437-004-1470 Employee Equipment and Training ...................................................... L-4
Subdivision M, Compressed Gasses
437-004-1505 Air Receivers and Pressure Systems ................................................. M-1
437-004-1525 Boilers and Steam Systems ................................................................ M-3
Subdivision N, Material Handling
437-004-1610 General Requirements ......................................................................... N-1
437-004-1630 Conveyors ............................................................................................ N-3
437-004-1670 Automotive Hoists ................................................................................ N-4
437-004-1680 Storage of Hazardous Chemicals ........................................................ N-4
437-004-1700 Forklifts and Other Powered Industrial Trucks ..................................... N-6
437-004-1750 Helicopters ......................................................................................... N-12
437-004-1805 Rope, Chain, Rigging, and Hoists ...................................................... N-14
437-004-1825 Tackle and Hoisting Equipment ......................................................... N-15
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Subdivision O, Equipment Guarding
437-004-1910 General Equipment Guarding ............................................................. O-1
437-004-1940 Farm Field Equipment ......................................................................... O-3
437-004-1970 Farmstead Equipment ......................................................................... O-5
437-004-2000 Powered Saws .................................................................................... O-8
437-004-2100 Grinders ............................................................................................ O-11
Subdivision P, Small Tools
437-004-2220 General Requirements - Small Tools ................................................... P-1
437-004-2230 Guarding of Portable Powered Tools ................................................... P-2
437-004-2240 Power Lawnmowers ........................................................................... P-14
437-004-2260 Other Portable Tools and Equipment ................................................. P-16
Subdivision Q, Welding
437-004-2310 General Requirements ........................................................................ Q-1
437-004-2350 Oxygen-Fuel Gas Welding and Cutting ............................................... Q-6
437-004-2400 Arc Welding and Cutting ................................................................... Q-12
Subdivision S, Electricity
437-004-2810 General Requirements ......................................................................... S-1
437-004-2850 Temporary Lighting and Wiring ............................................................ S-2
437-004-2860 Flexible Cable and Extension Cords .................................................... S-3
437-004-2870 Attachment Plugs and Receptacles ..................................................... S-4
437-004-2880 Cord and Plug-Connected Equipment ................................................. S-5
437-004-2900 Grounding and Bonding ....................................................................... S-6
437-004-2950 Switches and Circuit Breakers ............................................................. S-7
437-004-3000 Identification and Load Ratings ............................................................ S-8
437-004-3050 Work Near Overhead Lines.................................................................. S-8
437-004-3075 Agricultural Buildings with Special Hazards ......................................... S-9
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Subdivision T, Miscellaneous
437-004-3100 Excavation ........................................................................................... T-1
Subdivision U, Vehicles
437-004-3410 Agricultural, Commercial and Industrial Vehicles ................................. U-1
Appendix A to 437-004-3410, Specific Equipment ............................... U-9
437-004-3420 Working from Vehicles and Vehicle Loads ......................................... U-11
437-004-3430 Training for Agriculture Tractor Operators ......................................... U-11
437-004-3460 Industrial Vehicles .............................................................................. U-12
437-004-3480 Bridges, Roads and Ramps ............................................................... U-12
437-004-3550 Servicing Multipiece and Single Piece Rim Wheels ........................... U-13
437-004-3600 Roll-Over Protective Structures (ROPS) for Tractors in Agriculture ... U-13
437-004-3650 Roll-Over Protective Structures - Industrial Vehicles ......................... U-17
437-004-3660 Vehicle-Mounted Elevating and Rotating Work Platforms.................. U-18
Subdivision W, Worker Protection Standard
437-004-6000 Adoption by Reference of Federal Standard ....................................... W-1
437-004-6001 Expiration and Implementation Dates ................................................. W-2
Subpart D General Provisions
170.301 Scope and Purpose ............................................................................ W-5
170.303 Applicability of this part ....................................................................... W-5
170.305 Definitions ........................................................................................... W-6
170.309 Agricultural employer duties .............................................................. W-11
170.311 Display requirements for pesticide safety information and pesticide
application and hazard information ................................................... W-14
170.313 Commercial pesticide handler employer duties ................................ W-19
170.315 Prohibited actions ............................................................................. W-22
Subpart E Requirements for Protection of Agricultural Workers
170.401 Training requirements for workers .................................................... W-25
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437-004-6401 Effective dates for worker training programs in Oregon .................... W-26
170.403 Establishment-specific information for workers ................................. W-29
170.405 Entry restrictions associated with pesticide applications ................... W-30
437-004-6405 Restrictions associated with outdoor production pesticide
applications ...................................................................................... W-30
437-004-6406 Pesticide spray drift and innovative methods .................................... W-34
170.407 Worker entry restrictions after pesticide applications ........................ W-37
170.409 Oral and posted notification of worker entry restrictions ................... W-37
170.411 Decontamination supplies for workers .............................................. W-44
Subpart F Requirements for Protection of Agricultural Pesticide Handlers
170.501 Training requirements for handlers ................................................... W-47
437-004-6501 Handler training programs in Oregon ................................................ W-48
437-004-6502 Oregon requirements for Worker Protection Standard trainers of
handlers who qualify using train-the-trainer programs ...................... W-49
170.503 Knowledge of labeling, application-specific, and establishment-
specific information for handlers ....................................................... W-50
170.505 Requirements during applications to protect handlers,
workers, and other persons............................................................... W-51
170.507 Personal protective equipment .......................................................... W-52
437-004-6508 Respiratory Protection ...................................................................... W-55
170.509 Decontamination and eye flushing supplies for handlers .................. W-58
437-004-6509 Emergency eye-washes and eye flushing supplies ........................... W-59
Subpart G Exemptions, Exceptions and Equivalency
170.601 Exemptions ....................................................................................... W-61
170.603 Exceptions for entry by wokers during restricted-entry
intervals............................................................................................. W-62
170.605 Agricultural employer responsibilities to protect workers entering
treated areas during a restricted-entry interval ................................. W-65
170.607 Exceptions to personal protective equipment requirements
specified on pesticide product labeling ............................................. W-67
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Table of Contents
Subdivision Z, Chemical/Toxins
437-004-9000 Oregon Rules for Air Contaminants .................................................... Z-5
437-004-9010 Fumigated Areas .............................................................................. Z-32
437-004-9050 Asbestos ........................................................................................... Z-32
437-004-9090 13 Carcinogens ................................................................................. Z-34
437-004-9600 Lead .................................................................................................. Z-34
437-004-9620 Cadmium .......................................................................................... Z-35
437-004-9626 Chromium (VI) .................................................................................. Z-35
437-004-9640 Benzene ............................................................................................ Z-36
437-004-9650 Bloodborne Pathogens ..................................................................... Z-37
437-004-9710 Acrylonitrile ....................................................................................... Z-38
437-004-9720 Thiram ............................................................................................... Z-38
437-004-9740 Ethylene Oxide ................................................................................. Z-44
437-004-9760 Formaldehyde ................................................................................... Z-44
437-004-9780 Methylenedianiline ............................................................................ Z-44
437-004-9791 Protection from Wildfire Smoke ........................................................ Z-45
Appendix A to 437-004-9791: Mandatory Workplace Guidance
for the Use of Filtering Facepiece Respirators to Address
Wildfire Smoke .................................................................................. Z-53
Appendix B to 437-004-9791: Information for Wildfire Smoke
Protection .......................................................................................... Z-55
437-004-9800 Hazard Communication Standard for Agricultural Employers ........... Z-57
437-004-9830 Retention of Department of Transportation (DOT) Markings,
Placards and Labels ......................................................................... Z-71
437-004-9850 Pipe Labeling .................................................................................... Z-71
Appendix A to 437-004-9850 Pipe Labeling (Non-Mandatory) .......... Z-75
437-004-9860 Hazardous Chemicals in Laboratories .............................................. Z-77
List of Tables for Division 4, Subdivision Z ........................................................................ Z-79
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
Historical Notes
Div. 4 - 11
Historical Notes for Division 4
Note 1: The OR-OSHA Advisory Committee of Small Agricultural Employers provided the philo-
sophical and structural guidance for this standard, Division 4, Agriculture. Most farmers, ranchers and
growers were committed to have only one book of OR-OSHA standards. We began this pro- cess
committed to not enacting any new standards. However, the agricultural community soon realized the
need for some new standards. We emphasize that most of the new standards do not represent new
requirements for employers. In most cases the new standard merely consolidates and clarifies what
was done previously from a variety of sources. Some examples are forklift driver training, storage of
chemicals and pay for personal protective equipment. This standard is written in plain English and is
formatted for easy reading.
OR-OSHA Admin. Order 4-1998, filed 8/28/98, effective 10/1/98.
Note 2: Oregon OSHA adopted changes to the standard for Agricultural employers, Division 4.
These changes are the result of proposed legislation introduced by the Oregon Farm Bureau
Federation.
Oregon OSHA negotiated changes to these administrative standards with the Farm Bureau to provide
the needed updating of the standards without completing the legislative process.
The changes effect only the standard on Safety Committees, Chapter C.
The effect of these changes is to modify the requirements for safety committees for Oregon
agricultural employers with more than 10 non-seasonal workers. The changes eliminate several
paperwork requirements. They also move the standard to a more performance-oriented approach.
For smaller agricultural employers, the changes eliminate required safety committees. These are
employers who have fewer than 11 non-seasonal workers but who may hire enough seasonal workers
to swell their force temporarily during a particular cycle.
The term seasonal worker is defined for the first time. For the sake of consistency, the definition
mirrors others used by various government agencies in the regulation of agriculture.
Employers with small non-seasonal work forces must hold special orientation meetings for their
seasonal workers to assure that these people are not excluded from the training and information they
need to work safely.
Comments received at the public hearing on April 23, 1999, and throughout the time the amendments
were proposed, were in agreement with the changes.
OR-OSHA Admin. Order 2-1999, filed 4/30/99, effective 4/30/99.
Note 3: During the last growing season issues were raised that led to the establishment of a work
group to develop solutions. Of particular concern was a requirement for a second means of exit even
in single room dwellings that were in compliance with Building Codes and Fire Marshal rules.
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Historical Notes
Div. 4 - 12
Historical Notes
A committee of representatives of labor, the agricultural community, elected officials, and state
agencies whose standards affect labor housing, worked on developing the changes to 437-004-1120,
Agricultural Labor Housing and Related Facilities, in Division 4/J, Agriculture/Work Environment. We
are making similar changes to 437-002-0142, Labor Camps, in general industry.
We regrouped some subjects into more logical categories. Wording or grammar in several rules
changed to make the rule easier to follow and/or enforce.
Several definitions changed to reflect current practices or to more closely match the same definitions
in other state regulatory documents such as those of the Building Codes Division.
A date (December 15, 1989) is now part of a few rules to make OR-OSHA requirements more
synchronous with those of the Building Codes Division (BCD). For certain issues, any housing built or
remodeled on or after that date must comply with BCD standards on those issues. Housing built or
remodeled before that date must meet standards in effect at the time of the work. For most other
issues compliance is based on the particular standard in effect at the time the work was done.
Housing units built or remodeled on or after December 15, 1989 must comply with new OR-OSHA
rules and the state building code rules on emergency exits. Those rules give location and design
criteria. One-room living areas no longer need a second emergency exit. Older multi-room units must
comply with the old OR-OSHA rules.
We added a paragraph to prohibit citations resulting from housekeeping practices of camp occupants.
Recyclable materials like cans and bottles are no longer trash for the purposes of certain rules
governing trash and refuse.
Operators must post their street numbers so that responding emergency vehicles can see them from
the street.
Requirements for toilets, handwashing and bathing facilities changed to read one unit for each fifteen
employees or fraction thereof.
Requirements for handling and control of garbage are now restricted to outside of buildings and
certain recyclable materials are not considered garbage for that rule.
Based on comments we received, three categories of registration exemptions are eliminated from the
new rules. Based on ORS 654.705(7) Oregon OSHA believes these categories are already exempt
from registration and need not be repeated in the rules. They are:
Dwellings occupied by the owner or owning family; or
Dwellings occupied year-round by employees who are members of a nuclear family (parents, children,
grandparents or siblings); and
The original structure and any remodeling conformed to building codes or manufactured dwelling
regulations in effect at the time they were done.
Oregon OSHA received many comments on the issue of required heating during specified months of
the year. After consideration of all the comments and analysis of the economic impact versus the
potential impact of safety and health, this rule remains unchanged.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
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Div. 4 - 13
The following changes are proposed to have an effective date of October 1, 2000:
Housing operators must now provide a mattress or pad for any bed or bunk. The bed or bunk must
keep the mattress at least 6 inches off the floor.
Each unit must have a working smoke detector at the time of initial occupancy. The operator is not
responsible for actions of occupants to defeat or disable the detector.
Tent must be made of or treated with flame retardant materials.
OR-OSHA Admin. Order 5-2000, filed 5/18/00, effective 6/1/00 (some portions effective 10/1/00).
Note 4: Oregon’s Legislative Counsel notified OR-OSHA that OAR 437-004-0250(6) did not con-
form to the requirements of ORS 654.182(d). The adopted changes bring the administrative rule into
agreement with the statute. OAR 437-004-0250 is the rule for Safety Committees in Division 4/C,
Agriculture/Safety Awareness.
OR-OSHA Admin. Order 7-2000, filed 7/26/00, effective 7/26/00.
Note 5: Oregon OSHA replaced rules, almost 30 years old, in Division 2, General Industry, about
working on or over water. Existing rules reflect the original intent to apply mostly to log ponds and
similar applications, and do not reflect either current practices or technology. The new rules are the
result of a series of meetings with effected parties including the United States Coast Guard.
Oregon OSHA also placed rules about working on or over water in Division 4, Agriculture. Oregon’s
old standard, Division 81, Agricultural Operations, had these rules but they were erroneously left out
during the writing of the new standard, Division 4, Agriculture. This adoption is to put them back and
update the language for the same reasons as stated above.
In response to public comments, we made one change from the original proposal for both agriculture
and general industry. We added language exempting workers covered by Oregon standards for
commercial divers. The reasoning was that the proposal could have been construed to require divers
to wear personal flotation devices (PFDs).
OR-OSHA Admin. Order 1-2001, filed 1/18/01, effective 3/1/01.
Note 6: Oregon OSHA standards must be as effective as federal OSHA. There were slight
differences in the air contaminants rules. Therefore, OR-OSHA has modified three substances:
Carbon disulfide; Ethylene dibromide; and Mercury and Mercury organo (alkyl), to match federal
OSHA’s standard in construction and maritime. For uniformity, Oregon initiated air contaminant rules
in general industry, construction and agriculture will all reflect the amendments.
Oregon added the skin designation to the three substances listed above. Also, Oregon changed the
PEL to 25 ppm ceiling value for Ethylene dibromide (currently at 30 ppm).
OR-OSHA Admin. Order 4-2001, filed 2/5/01, effective 2/5/01.
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Historical Notes
Note 7: Oregon OSHA adopted changes to Division 4/H, OAR 437-004-0790, Use of Liquefied
Petroleum Gas or Natural Gas in Fields and Orchards, to bring them into harmony with requirements
of the Oregon Office of State Fire Marshal and the Oregon Building Codes Division. The changes
also clarify the application by excluding portable equipment. The requirement to guard certain tank
installations is deleted after consultation with orchardists and LPG industry representatives. This
requirement was originally set for industrial applications where the hazard of vehicle contact with the
tanks is substantial and frequent. Isolated orchard locations do not present this hazard.
OR-OSHA Admin. Order 7-2001, filed 5/15/01, effective 5/15/01.
Note 8: Oregon OSHA amended the air contaminants standard in Division 4/Z, Agriculture/
Chemical/Toxins. The change is to Table Z-2, to the entry for Methylene Chloride. When federal
OSHA amended the Methylene Chloride standard in general industry, construction, and shipyard
employment, OR-OSHA inadvertently did not amend the table in our agriculture standard to reflect the
lower exposure limit of 25ppm. The exposure limit of 25ppm for methylene chloride is now the same
in general industry, construction, agriculture, and shipyard employment.
OR-OSHA Admin. Order 9-2001, filed 9/14/01, effective 9/14/01.
Note 9: Based on the most recent injury and illness data provided by the Department’s Research and
Analysis Section, the trigger for the top 10 percent of lost work day cases incidence rates for
agriculture has changed from two to one. This change in the administrative rules is precipitated by
ORS 654.176(b)(A). The rule affected is OAR 437-004-0250(1)(b) and note, Safety Committees, in
Division 4/C, Agriculture/Safety Committees.
OR-OSHA Admin. Order 1-2002, filed 2/15/02, effective 2/15/02.
Note 10: The Environmental Protection Agency (EPA), published in the September 1, 2004 Federal
Register, amendments to 40 CFR 170, Worker Protection Standard. EPA amended the 1992
Pesticide Worker Protection Standard to permit optional use of separable glove liners beneath
chemical-resistant gloves. This amendment also makes optional the provision that agricultural pilots
wear gloves when entering or leaving aircraft. All other provisions of the Worker Protection Standard
are unaffected by this rule. EPA believes that these changes will reduce the cost of compliance and
will increase regulatory flexibility without increasing potential risks.
Oregon OSHA adopted these changes as published. These changes are in OR-OSHA’s Division
4/W, Agriculture/Worker Protection Standard.
OR-OSHA Admin. Order 7-2004, filed 12/30/04, effective 12/30/04.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
Historical Notes
Div. 4 - 15
Note 11: A new Respiratory Protection standard was adopted in Division 4/I, Agriculture. OAR 437-
004-1041, Respiratory Protection was adopted as OR-OSHA Administrative Order 3-2006 on June 7,
2006, but will not be effective until March 1, 2007.
The current 437-004-1040, Respiratory Protection will remain in effect through February 28, 2007.
Oregon OSHA will have both standards on the web site and in hard copy until March 2007.
The Respiratory Protection Standard was reworded for clarity and plain language, and to bring the
rules up to Division 2/I standards having one rule for all respirator users.
Summary of changes:
There are new requirements for voluntary use of respirators. You must provide respirator
users with the information contained in Appendix D, and have a medical evaluation required
for respirators with the exception of filtering face-pieces, and have cleaning, storing and
maintenance procedures in the program.
There is a requirement for annual fit-testing of required use of respirators.
There is a change from annual medical evaluations to a medical evaluation before the first fit-
test.
New appendices A, B1, B2 and D were added for procedures on fit-testing (A), user seal
check (B1) and proper cleaning (B2) the medical questionnaire was moved to (C) and
voluntary use information (D). The mandatory appendices C and D are also in Spanish.
There is a section on interior structural firefighting requiring the two in two out rules.
Training is required annually.
A change out schedule for canisters and cartridges is required.
OR-OSHA Admin. Order 3-2006, filed 6/7/06, effective 3/1/07.
Note 12: This rule adds new requirements for exposures to hexavalent chromium, including a lower
airborne permissible exposure limit, an action level, airborne exposure assessments, regulated areas,
change and washing facilities, medical surveillance, and training.
These changes are required to keep OR-OSHA standards as effective as Federal OSHA.
Oregon OSHA did not adopt the exception for pesticide use. Federal OSHA does not regulate the
use of pesticides because the Environmental Protection Agency (EPA) regulates these exposures
through the Worker Protection Standard (WPS). However, since Oregon OSHA enforces the WPS
this exemption does not apply in Oregon.
Oregon OSHA adopted these changes into general industry, construction, agriculture, and maritime.
The proposed amendments to the permissible limit for airborne concentrations of respirable silica
were not adopted in this rulemaking.
OR-OSHA Administrative Order 6-2006, adopted and effective August 30, 2006.
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Note 13: Oregon OSHA adopted changes in 16 subdivisions of Division 4, Agriculture, including:
clarify language, correct/add reference changes, add notes, the lead standard is removed from
Division 4 and OAR 437-002-1910.1025 (Division 2/Z) is referenced, added requirements to Roll-Over
Protective Structures (ROPS) due to Federal OSHA changes, changes to General Requirements in
Electricity, a new paragraph on varmint killers, and a new rule on fumigated areas.
OR-OSHA Administrative Order 9-2006, adopted and effective September 22, 2006.
Note 14: Oregon OSHA adopts the Federal OSHA changes as they appear in the August 24, 2006
Federal Register. These changes revise the existing rules on respiratory protection, adding
definitions and new language that establishes Assigned Protection Factors (APFs) and Maximum Use
Concentrations (MUCs) for respirator use. The revisions also supersede the respirator selection
provisions of existing substance-specific standards with these new APFs (except for the respirator
selection provisions of the 1,3-Butadiene Standard).
Federal OSHA developed the final APFs after thoroughly reviewing the available literature, including
chamber-simulation studies and workplace protection factor studies, comments submitted to the
record, and hearing testimony. The final APFs provide employers with critical information to use when
selecting respirators for employees exposed to atmospheric contaminants found in general industry,
construction, shipyards, longshoring, and marine terminal workplaces. Oregon OSHA also adopts
these changes into Division 4, Agriculture. Proper respirator selection using APFs is an important
component of an effective respiratory protection program. Accordingly, Federal OSHA concludes that
the final APFs are necessary to protect employees who must use respirators to protect them from
airborne contaminants.
OR-OSHA Administrative Order 10-2006, adopted and effective November 30, 2006. Changes
to OAR 437-004-1041 (Agriculture) are effective March 1, 2007.
Note 15: Oregon OSHA is correcting typographical errors and incorrect references, which will add
clarity to the Respiratory Protection Standard in Division 4, Agriculture.
OR-OSHA Administrative Order 3-2007, adopted and effective August 13, 2007.
Note 16: After meeting with stakeholders, negotiations with Federal OSHA, and giving consideration
to comments received at hearings, Oregon OSHA adopts these changes to OAR 437-004-1120,
Agricultural Labor Housing (ALH) and Related Facilities, in Division 4/J, Agriculture/Work
Environment, to make our rules “as effective” as those of Federal OSHA.
The major changes are:
Beginning on January 1, 2018, the rule will require all agricultural labor housing, where workers cook,
live and sleep in the same area, to provide 100 square feet per occupant. Square footage
requirements for sleep-only areas will not change.
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For units built after April 3, 1980, at least one-half the required floor space in each living area must
have a minimum ceiling height of 7 feet. Floor space with a ceiling height less than 5 feet does not
count toward the minimum required floor space.
Beginning on January 1, 2018, only areas with a 7 foot ceiling height will count toward the required
square footage of any living or sleeping area.
Ratios of sinks and showers will change starting on April 1, 2009. The rules on laundries and window
requirements will also change on April 1, 2009.
Delayed effective dates are to give operators time to secure needed permits from local authorities and
to arrange financing for projects that require major work.
Oregon OSHA removed references to tents. Tents are acceptable labor housing when they meet all
the criteria in the rule, just like any other style housing.
The rule now requires heat be available in all ALH without regard to the time of year.
The rule now requires ‘livestock operations’ be at least 500 feet from all ALH unless the employees in
the housing are employed to tend or otherwise work with the animals. This does not apply to animals
owned by the housing occupants.
OAR 437-002-0142 Temporary Labor Camps in Division 2/J, General Industry/Environmental
Controls, is also amended. The entire text of the rule is removed and new language is added stating
that OAR 437-004-1120 applies in General Industry, Construction, and Forest Activities as well as
Agriculture, except paragraphs (5), (6)(p), and (24).
This is OR-OSHA Administrative Order 4-2008, adopted March 24, 2008 and effective May 1,
2008.
Note 17: Oregon OSHA adopted the Federal OSHA changes as they appear in the November 15,
2007 Federal Register, into Division 2/I, Personal Protective Equipment, Division 3/E, Personal
Protective and Life Saving Equipment, and Division 5, Maritime Activities. The changes codify and
clarify the employers’ responsibility to provide and pay for protective equipment that is necessary for
employees to perform their jobs safely.
In addition to the Federal OSHA changes, Oregon OSHA proposes to replace the existing language in
Division 4/I, Protective Equipment, with language comparable to the new Federal OSHA language for
clarity.
This is OR-OSHA Administrative Order 5-2008, adopted May 1, 2008 and effective May 15, 2008.
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Note 18: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal
OSHA’s standards. We are removing several references to consensus standards that have
requirements that duplicate, or are comparable to, other OR-OSHA rules; this action includes
correcting a paragraph citation in one of these rules. We are also removing a reference to American
Welding Society standard A3.0-1969 ("Terms and Definitions") in our general industry welding
standards. This rulemaking is part of a continuing effort to update references to consensus and
industry standards used throughout our rules.
OR-OSHA adopts the changes in general industry as published in the December 14, 2007 Federal
Register with the following exceptions:
Division 2/H, 1910.94(c)(1)(ii), and (3) - In Oregon 437-002-0107 Spray Finishing applies.
Division 2/H, 1910.107 - In Oregon 437-002-0107 Spray Finishing applies.
Division 2/R, 1910.261 - In Oregon 437-002-0312 Oregon Rules for Pulp, Paper, and
Paperboard Mills applies.
A reference to American National Standard Safety Requirements for Explosive-Actuated Fastening
Tools, ANSI A10.3-1995 is removed in Division 4/P, Agriculture/Small Tools.
This is OR-OSHA Administrative Order 7-2008, adopted and effective May 30, 2008.
Note 19: These changes are necessary to resolve issues expressed by Federal OSHA toward making
our rules at least as effective as theirs. In addition, the removal of the heater language is to recognize
new safety technology.
437-004-1120(16) Living Areas.
We will delete paragraph (c)(B) to reflect changes in heater technology. Paragraph (C) will become
(B) and (D) will become (C). Paragraph (B) is adequate to address any hazards related to ribbon-type
heaters as they now come with safety devices to shut them off if they overheat.
437-004-1120(16) Living Areas.
Wording added to paragraph (n) will close a gap in coverage pointed out by Federal OSHA. The result
is that existing housing will be good until the 2018 change date unless it is remodeled. New
construction and existing housing remodeled between this adoption and 2018 will have to meet the
new requirements in paragraph (n).
437-004-1120(18) Common use cooking and eating facilities and equipment.
Federal OSHA requires adding this language to be as effective as their rule. It requires enclosed,
screened shelters for common use cooking and eating facilities.
437-004-1120(19) Dining Halls and equipment.
Federal OSHA requires adding this language to be as effective as their rule. It requires enclosed,
screened shelters for dining halls.
This is Oregon OSHA Administrative Order 1-2009, adopted and effective January 26, 2009.
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Note 20: In Oregon, Oregon OSHA administers and enforces the pesticide Worker Protection
Standard (WPS: 40 CFR 170) as adopted in Division 4, Agriculture, Subdivision W, OAR 437-004-
6000.
This rulemaking amends OAR 437-004-6000 to reflect non-substantive corrections and technical
amendments that were published in the Federal Register from 2006 through 2009.
Oregon OSHA is also amending the pesticide Worker Protection Standard (WPS) in Division 7, Forest
Activities, Subdivision A, General Requirements, OAR 437-007-0010, to clarify the references in
Division 7 to the WPS in Division 4.
In addition, Oregon OSHA is amending Division 2, General Industry, Subdivision Z, Toxic and
Hazardous Substances, by adopting a new rule (OAR 437-002-0170) to clarify that under certain
circumstances all parts of the Worker Protection Standard (WPS) apply to general industry
workplaces, and are a part of Division 2 in addition to, and not instead of, any other part of Division 2.
Members of the public submitting written comments expressed support for the changes but noted that
the proposed amendments (being non-substantive) do not go far enough to improve the protection of
Oregon’s affected workers from exposure to pesticides. The changes suggested by these
commenters were outside the parameters of this rulemaking.
This is Oregon OSHA Administrative Order 9-2009, adopted and effective September 21, 2009.
Note 21: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal
OSHA’s standards.
Federal OSHA revised the personal protective equipment (PPE) sections of its general industry,
shipyard employment, longshoring, and marine terminals standards concerning requirements for eye-
and face-protective devices, and head and foot protection.
Federal OSHA updated the references in its regulations to reflect more recent editions of the
applicable national consensus standards that incorporate advances in technology. Federal OSHA
requires that PPE be safely designed and constructed for the tasks performed.
Amendments to the PPE standards include a requirement that filter lenses and plates in eye-
protective equipment meet a test for transmission of radiant energy such as light or infrared.
Oregon OSHA adopted the changes in general industry and maritime activities as published in the
September 9, 2009 Federal Register. The updated references are also made in Oregon OSHA’s
Division 4, Agriculture, and Division 7, Forest Activities.
This is Oregon OSHA Administrative Order 2-2010, adopted and effective February 25, 2010.
Note 22: These changes result from legislation, input from the regulated community and input from
Oregon OSHA staff.
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Changes to Subdivision 4/A, Agriculture/ General Subjects, at OAR 437-004-0002, Scope, cross-
reference and clarify the SIC and NAICS codes to which the Division 4 rules apply. A duplicate rule for
adoption of the Worker Protection Standard (OAR 437-004-0004) was eliminated. In OAR 437-004-
0099, General Standards, a requirement at (1)(b) was rewritten in plain language. At (3), rules for
inspecting workplaces, and at (4)(a), rules for investigating time-loss injuries and illnesses were cross-
referenced with the numbering changes in 4/C Safety Committees and Safety Meetings.
Changes in Subdivision 4/C, Safety Awareness, fulfill Oregon OSHA’s responsibility under a recent
legislative mandate to require all Oregon employers, regardless of size, to have either a safety
committee or to hold safety meetings.
The safety committee rule, OAR 437-004-0250 is repealed on the effective date, January 1, 2011, and
is being replaced with OAR 437-004-0251, Safety Committees and Safety Meetings, incorporating the
changes required by the legislative mandate. The scope of the rule is defined as all agricultural
employers with workers, excluding seasonal workers. All employers with workers can have a safety
committee. The number of (nonseasonal) workers, both full-time and part-time, per location determine
whether the employer also has the option of holding monthly safety meetings instead of having a
safety committee.
The special needs of agricultural employers are addressed by maintaining separate safety orientation
requirements for employers of seasonal workers, as outlined in OAR 437-004-0240, Safety
Orientation for Seasonal Workers. The original definition was maintained in the final rule: Seasonal
workers are “employed in a job tied to a certain time of year by an event or pattern and for not more
than 10 months in a calendar year.” Additional notes were added to this section to cross reference
and explain the minimum training and orientation requirements for seasonal workers who perform only
“hand labor operations” as defined in the rule.
The Division 4/C rules for employers of both seasonal and non-seasonal workers now specifically
state at OAR 437-004-0240(2)(b) and 437-004-0251(2)(b) that safety awareness information must
be communicated “in a manner that workers can understand.” Employers with employees who have
language barriers must “include content that is either translated into the language used to hire and
supervise these employees or that is otherwise effectively conveyed, such as through visual media.”
Changes in Subdivision 4/K, Agriculture/ Medical and First Aid, at OAR 437-004-1305, are mostly
stylistic, putting the existing requirements for first aid, emergency medical treatment, the emergency
medical plan, and emergency eyewash and safety showers into clearer language.
Paragraph (5), Emergency eyewash and shower facilities, are rewritten for the final rule to address
concerns by commenters. The final rule clarifies when eyewash, shower equipment, or both are
required and defines the minimum standards for both plumbed (potable) and self-contained systems.
In the final rule, employers must provide employees with an emergency eyewash, shower equipment,
or both to decontaminate themselves, based on the hazard. Eyewash and shower equipment
requirements apply both to all chemical substances that may be present in the workplace and, for
pesticide products, based on what the pesticide label requires.
Decontamination equipment is no longer linked to its location at a fixed or mobile site but is related to
the hazard.
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Based on comments received, Oregon OSHA is delaying the effective date to January 1, 2011, for all
changes in this rulemaking.
This is Oregon OSHA Administrative Order 4-2010, adopted July 8, 2010 and effective January
1, 2011.
Note 23: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal
OSHA’s standards.
Oregon OSHA adopted changes to rules in general industry, construction, agriculture, and maritime.
Federal OSHA published a number of rule changes in these industries in the June 8, 2011 Federal
Register. This is Phase III of the Standards Improvement Project (SIP III), the third in a series of
rulemaking by Federal OSHA to improve and streamline the standards. This removes or revises
individual requirements within rules that are confusing, outdated, duplicative, or inconsistent.
Oregon OSHA adopted the majority of the federal changes that include:
Personal Protective Equipment Division 2/I, remove requirements that employers
prepare and maintain written training certification records.
Respiratory Protection revise requirements for breathing-gas containers.
Material Handling/Slings revise standards in general industry, construction, and maritime
standards.
Commercial Division Operations Division 2/T, remove two obsolete recordkeeping
requirements.
General industry and construction remove requirements in numerous standards for
employers to transfer specific records to the National Institute for Occupational Safety and
Health (NIOSH).
Lead amend trigger levels in general industry and construction.
In connection with rule changes in the SIP III rulemaking process, Oregon OSHA adopted additional
changes to the subdivisions and rules opened during this rulemaking activity. We also made reference
changes to Underground Installations in Division 3/P.
Oregon OSHA repealed all of Division 2/I rules with the exception of 1910.134 Respiratory Protection,
1910.137 Electrical Protective Equipment, 437-002-0138 Additional Oregon Rule for Electrical
Protective Equipment, 437-002-0139 Working Underway on Water, and 437-002-1139 Working Over
or In Water.
To replace them, we adopted new Oregon-initiated rule, 437-002-0134 Personal Protective
Equipment, that includes sections covering scope/application, hazard assessment, equipment,
training, payment, fall protection, clothing, high visibility garments, eye, head, foot, leg, hand and skin
protection.
The change in format simplifies the existing text while making little change to the overall rule
requirements with the following exceptions:
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Modifies the hazard assessment requirement to clarify that employers must identify
hazards to the entire body, including the torso and extremities, when performing the
assessment. The assessment is currently limited to head, hands, eyes and face and foot
protection. 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.
Change the fall protection component criteria to align with the systems criteria found in
1926.502 of the construction standards. The training requirement in this rule would also
cover those parts not previously covered, such as fall protection.
Definition of “potable water”:
Previously, Oregon OSHA did not adopt 1910.141(a)(1), so the SIP-III changes to the definition of
potable water must be addressed through Oregon-initiated rules. We will maintain the current
definition of potable water in Division 2/J, 437-002-0141(1)(a), Sanitation and Division 4/J, 437-004-
1105(1)(b), Sanitation. However, for consistency, we changed the definition of potable water in
Division 4/J, 437-004-1110, Field Sanitation for Hand Labor Work, and Division 3/D, 437-003-0015
Drinking Water to the same definition.
MOCA -- 4,4’-Methylene bis (2-chloroaniline):
As a logical extension of the Federal OSHA SIP-III changes to 29 CFR 1910.1003, 13 Carcinogens,
we amended the Oregon Rules for MOCA (4,4’-Methylene bis (2-chloroaniline)) at Division 2/Z, 437-
002-0364. The requirements for respiratory protection are updated and the requirements for transfer
of records is simplified. Most transfer of medical records to NIOSH is eliminated with the SIP III
rulemaking. The employer is required to follow the requirements of the Respiratory Protection rule and
select appropriate respirators based on the selection criteria in 1910.134(d). (The type of respirator to
use is no longer specified.) We will also remove and reserve 437-002-0364(6)(a) which had a
reporting requirement end date of December 1974.
This is Oregon OSHA Administrative Order 4-2011, adopted and effective December 8, 2011.
Note 24: Oregon OSHA proposed changes to Agriculture, Division 4/A General Subjects; 4/B
Definitions; 4/I Protective Equipment; and 4/Z Chemical/Toxins. We removed subdivisions A and B
from this current rulemaking action. Three public hearings were held in June 2012 with no comments
received for proposed changes to subdivisions I and Z. Oregon OSHA adopts one new rule in Division
4/Z, one new appendix in Division 4/I, and amends 23 existing rules in Division 4/I and 4/Z.
Subdivision I modifies the requirements for employers providing Personal Protective Equipment to
include an evaluation of the hazards. A new non-mandatory appendix to Subdivision I provides a
template for employers to use in this evaluation. Also, training requirements are specified for
employees using general PPE. The format of the rules for PPE for parts of the body (head, eyes and
face, hands and feet) is simplified and the requirements are aligned with the requirements in the
Division 2 rules.
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The format is standardized in the rules for Subdivision Z (Chemicals and Toxins.) The Division 4 Air
Contaminant rules are updated to match the Division 2 Air Contaminant rules. The substance-specific
rules make clear that either the Division 2 or Division 3 rules apply, depending on the type of activity,
if there is an exposure to these toxins.
This is Oregon OSHA Administrative Order 4-2012, adopted September 19, 2012, and effective
January 1, 2013.
Note 25: Oregon OSHA has adopted changes related to the globally harmonized system of chemical
classification and labeling (GHS) into OAR 437-004-9800, the Hazard Communication Standard
(HCS) for Agricultural Employers. In addition, twelve related Division 4 rules were modified to
incorporate the GHS definitions and terminology.
The related rules include the Division 4 universal definitions; and standards for flammable liquids, fire
prevention, pipe labeling, and the storage of hazardous chemicals.
This rulemaking will improve safety for agricultural workplaces by focusing on the hazard
communication requirements pertaining to users of hazardous chemicals (as opposed to those for
manufacturers, importers, and distributors.) These revisions will simplify compliance by establishing a
uniform flow of information about chemical hazards in Oregon OSHA’s Division 4 rules.
This is Oregon OSHA Administrative Order 3-2014, adopted and effective August 8, 2014.
Note 26: Oregon Occupational Safety and Health Division (Oregon OSHA) administers and enforces
the employee safety and health part of the U.S. Environmental Protection Agency (EPA)’s pesticide
Worker Protection Standard (WPS) as adopted in Division 4/ Agriculture as adopted at OAR 437-004-
6000. The standard aims to protect workers those who work in pesticide-treated crop areas and
handlers those who mix, load, and apply pesticides. EPA modified the WPS at the federal level (40
CFR 170) in the November 2, 2015 Federal Register. In response, Oregon OSHA initiated the rule-
making process working with an advisory committee including representatives of labor, employers,
grower organizations, and government and nonprofit agencies, and other stakeholders and
reviewed extensive public comments received both orally at three public hearings held around the
state, and in written format following formal proposal in late 2016.
Oregon OSHA is adopting most of the modified rules initiated by the EPA as well as several Oregon-
initiated rules introduced to reflect the unique circumstances for employers in Oregon. The agency will
continue to enforce the existing WPS through the end of 2017.
The rule changes are expected to lead to an overall reduction in incidents of unsafe pesticide
exposure and to improve the occupational health of agricultural workers and pesticide handlers.
The adopted OARs:
437-004-6001 gives expiration and implementation dates for the existing and revised rules.
The rules codified in Division 4/W as 170.1 through 170.260 will remain in effect through
2017, and expire on 12/31/2017. The new rules, codified as 170.301 through 170.607, and
the other five new OARs will be implemented beginning on January 1, 2018.
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437-004-6401 and 437-004-6501 provide specific effective dates for the revised subject
matter to be included in training programs for both workers and handlers. In addition, the
requirements for crop advisor training programs necessary to exempt workers and
handlers from WPS training is cross-referenced to the minimum subject matter in these
OARs.
437-004-6508 Respiratory Protection and 437-004-6509 Emergency eye-washes and eye
flushing supplies maintain Oregon OSHA’s more protective requirements related to
respiratory protection and emergency eye-washes while fulfilling the EPA’s pesticide label
requirements.
437-004-6502 augments training requirements in Oregon for trainers of WPS handlers who
use the Train-the-Trainer qualification described in 170.501(c)(4)(ii) of the WPS. The
adopted rule does not apply to trainers of WPS handlers who meet the qualification as
certified applicators described in 170.501(c)(4)(iii).
The agency will reconsider some details of the 2016 WPS proposal through a separate public
rulemaking process centered on the Application Exclusion Zone (AEZ.) To give more time to fine-tune
those provisions and to ease the transition to the modified rule requirements, Oregon OSHA is
delaying implementation of the modified standard until Jan. 1, 2018. The expected result will be a
revised proposal initiated in 2017, in time for it to take effect with the other modified sections of the
WPS on Jan. 1, 2018.
This is Oregon OSHA Administrative Order 1-2017, adopted February 14, 2017 and effective
January 1, 2018.
Note 27: Oregon OSHA administers and enforces the Environmental Protection Agency’s (EPA)
pesticide Worker Protection Standard (WPS) as adopted in Division 4/W (Agriculture/Worker
Protection Standard), OAR 437-004-6000. Oregon OSHA has adopted two new Oregon
Administrative Rules (OARs) that reflect specific requirements for employers in Oregon.
These rules complement and complete the changes adopted by Oregon OSHA on February 14th,
2017 on the amended Worker Protection Standard adopted by the EPA in the November 2, 2015
Federal Register. The rules, which exceed federal requirements, take effect January 1 ,2019.
The new OARs:
OAR 437-004-6405:
Restrictions associated with outdoor production pesticide applications(which replaces 170.405(a), is a
new rule that describes the Application Exclusion Zone requirements (AEZ) including how employers
ensure enclosed agricultural structures are closed properly, must provide instruction and information,
and a decision matrix that navigates the rule requirements.
OAR 437-004-6406:
Agriculture
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Pesticide spray drift and innovative methods is a new rule that describes that if issues relating to
spray drift occur, then the employer is responsible for addressing those issues, and how drift
reduction technologies can be used to gain approval for innovative methods through the variance
process.
The WPS rules are also referenced, in Division 2, General Industry, at OAR 437-002-0170; and in
Division 7, Forest Activities, at OAR 437-007-0010.
Pesticides, although a clear necessity in many workplaces, also represent varying levels of risks to
workers and others (depending on both the particular pesticide used and the circumstances of the
application). The Worker Protection Standard, taken as a whole, provides a number of important
protective measures to reduce those risks. However, the risk of unintended exposures due to what is
typically referred to as unintended “drift” can create exposure to workers outside the intended
application area. In the case of worker housing, that exposure can also involve the workers’ family
members. The provisions of this proposed rule as was true of the original EPA rule addressing
AEZs are intended to address that potential by providing an added measure of protection against
unintended and unanticipated exposures outside of the locations where pesticides are intended to be
applied. The AEZ surrounds and moves with spray equipment, beyond the safeguards enforced with
respect to the treated area, must be free of all people other than appropriately trained and equipped
pesticide handlers. The rule changes are expected to lead to an overall reduction in incidents of
unsafe pesticide exposure and to improve the occupational health of agricultural workers and
pesticide handlers.
Oregon OSHA held five hearings in multiple locations on these proposed rules. The division received
938 written comments during the extended comment period and over 100 oral comments at these
hearings. These comments were vast and diverse, and all were considered by Oregon OSHA before
the division adopted the rules as filed. Oregon OSHA published a summary of comments and agency
decisions document on its website for viewing.
This is Oregon OSHA Administrative Order 2-2018, adopted June 29, 2018 and effective January
1, 2019.
Note 28: This rulemaking is to keep Oregon OSHA in harmony with recent changes to federal
OSHA’s standards.
On September 26, 2019, federal OSHA adopted final rules for adding two additional PortaCount®
quantitative fit testing protocols to its Respiratory Protection Standard (29 CFR 1910.134, Appendix
A). These new protocols are: the modified ambient aerosol condensation nuclei counter (MCNC)
quantitative fit testing protocol for full-facepiece and half-mask elastomeric respirators (MCNC-ER);
and the modified ambient aerosol condensation nuclei counter quantitative fit testing protocol for
filtering facepiece respirators (MCNC-FFR). Both protocols (MCNC-ER and MCNC-FFR), are
abbreviated variations of the current federal OSHA-accepted ambient aerosol condensation nuclei
counter (CNC) quantitative fit testing protocol (also referred to as the PortaCount® protocol).
However, both new protocols differ from the original PortaCount® method by exercise sets, exercise
durations, and sampling sequence.
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For Oregon OSHA’s rulemaking purposes, these protocols will serve as alternatives to the four
existing quantitative fit testing protocols already listed in Appendix A of the Respiratory Protection
Standard and will maintain safety and health protections for workers while providing additional
flexibility and reducing compliance burdens for employers. Appendix A in the Respiratory Protection
Standard (29 CFR 1910.134) and Appendix A in OAR 437-004-1041 (Oregon OSHA’s agriculture
respiratory protection standard), are amended to include both the MCNC-ER and MCNC-FFR
protocols. These protocols cover and will be available to employers in general industry, construction,
and agriculture (through amendment of 437-004-1041 to include these additions).
Oregon OSHA also adopted the addition of the controlled negative pressure (CNP) REDON
quantitative fit testing protocol to Appendix A of OAR 437-004-1041. The Respiratory Protection
Standard (29 CFR 1910.134) already has the CNP REDON protocol listed as an option to general
industry and construction employers. This will improve compliance homogeneity between the
Respiratory Protection Standard (29 CFR 1910.134) and OAR 437-004-1041, and provide each
employer group with the same quantitative fit testing protocol options.
One hearing was held on January, 7, 2020, at the Oregon OSHA Salem Field Office. There were no
public comments given at the hearing. The agency received two public comments during the comment
period, and at the end of the comment period decided to adopt the rulemaking changes as proposed.
This is Oregon OSHA Administrative Order 1-2020 adopted and effective February 13, 2020.
Note 29: This rule is needed to protect vulnerable workers in employer-provided labor housing from
the health risks created by the current COVID-19 public health emergency, especially those who
spend both their working and their off-work hours at the employer’s location. Oregon OSHA's
temporary rule: COVID-19 Public Health Emergency in Labor Housing and Agricultural Employment
(OAR 437-001-0749) expired on October 24, 2020. On October 23, 2020, Governor Brown issued an
Executive Order 20-58 extending employer-provided housing requirements (Section 2) of OAR 437-
001-0749. As the Governor’s Executive Order is set to expire, the public health emergency remains a
substantial concern in Oregon. As a result, it is necessary to extend the provisions from the Executive
Order with a permanent rule. The exposures created in the labor housing environment, particularly in
working situations requiring large numbers of workers, make these rules necessary to reduce risk to
individual workers. Many workers face unique challenges in situations where housing is provided as
part of the employment relationship. In consultation with stakeholders, Oregon OSHA modified some
requirements from the temporary rule in the proposed rule given more information concerning COVID-
19 transmission. Oregon OSHA indicated in the proposed rule that it will repeal this rule once it is no
longer necessary to address the COVID-19 pandemic in employer-provided labor housing.
Three public hearings were held in March 2021 where Oregon OSHA received oral testimony on the
proposed rule. The agency also received written comments on the rule from agricultural producers,
employer representatives and farmworker advocacy organizations. Generally, feedback from
advocacy organizations centered on ventilation, physical distancing, and sleeping density
requirements. Most employer feedback focused on the definition of household, sleeping density,
specifying an end date, and sanitation as well as questions about vaccination.
Agriculture
4
Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
Historical Notes
Div. 4 - 27
Oregon OSHA, based on the comments received, made adjustments to the proposed OAR 437-004-
1115. Notable changes to the proposed rule include a change to the definition of household and
timeframe for repeal.
This is Oregon OSHA Administrative Order 1-2021, adopted and effective April 30, 2021.
4
Agriculture
Division 4 AO 2-2023 Oregon Administrative Rules Oregon Occupational Safety and Health Division
Historical Notes
Div. 4 - 28
Historical Notes
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
APPLICATION / SCOPE
A
437-004-0001 A-1 437-004-0002
437-004-0001 Application.
Everything in this standard is the responsibility of the employer. It is the responsibility of the
employer to assure that their workers, facilities and equipment comply with this standard.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0002 Scope.
Standard Industrial Classifications – Division 004, Agriculture, applies only to employers
with the following Standard Industrial Classifications (SIC) or North American Industrial
Classification system (NAICS) codes.
NOTE: If you don’t know your code, contact your Workers’ Compensation Insurance carrier.
SIC NAICS
01 111 All Groups
02 112 All Groups
0711 115112 Soil Preparation Services
0721 115112 Crop Planting, Cultivating, and Protection
0722 115113 Crop Harvesting, Primarily by Machine
0723 115114 Crop Preparation Services for Market: Except Cotton Ginning
Note: SIC 0723 (NAICS 115114), Division 4, Agriculture covers
growers who:
Buy farm products for resale to the general public. These
products may be cleaned, sorted, graded, dried whole, bagged
or packaged, but are not processed. Examples of processing
include cutting, canning, freezing, pasteurizing and
homogenizing.
Grow 51 percent or more of the sold crops themselves, but
also buy farm products for resale to anyone other than the
general public. These products may be cleaned, sorted,
graded, dried whole, bagged, or packaged, but are not
processed. Examples of processing include cutting, canning,
freezing, pasteurizing and homogenizing.
0761 115115 Farm Labor Contractors and Crew Leaders
0762 115116 Farm Management Services
0811 111421 Christmas Tree Growing and Harvest
0831 113210 Forest Nurseries and Gathering of Forest Products
Note: Division 4, Agriculture, covers forest nursery employers growing:
Seedlings for reforestation.
Trees for purposes other than lumber, pulp, or other wood
products.
A
SCOPE / EXCLUSIVE COVERAGE /
ACCESS TO EMPLOYEE EXPOSURE
& MEDICAL RECORDS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-0002 A-2 437-004-0005
Division 7, Forest Activities, covers employers:
Growing trees for lumber, pulp, or other wood products.
Gathering seeds, needles, bark, and other secondary forest
products.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
OR-OSHA Admin. Order 4-2010, f. 7/8/10, ef. 1/1/11.
437-004-0003 Exclusive Coverage.
Division 4, Agriculture, and parts of Division 1, General Administrative Rules, are the only
Oregon OSHA standards that apply to employers in 437-004-0002. Employers in 437-004-
0002 will not be cited from standards in Division 2 or Division 3, Construction, unless Division
4 states they are applicable.
The following parts of Division 1 DO NOT apply to Agriculture. This division has language
covering their subjects.
437-001-0760 Rules for all Workplaces. 437-004-0099 General Standards applies
instead.
437-001-0765 Safety Committees and Safety Meetings. 437-004-0251 Safety
Committees and Safety Meetings applies instead.
NOTE: ORS 654 (The Oregon Safe Employment Act) and specifically 654.010, commonly referred to
as the General Duty Clause, applies to all places of employment in Oregon.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f. 8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 4-2010, f. 7/8/10, ef. 1/1/11.
437-004-0005 Access to Employee Exposure and Medical Records.
For agricultural employers, OAR 437-002-1910.1020 applies.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GENERAL STANDARDS
A
437-004-0099 A-3 (1)(a) – (2)(d) Note
437-004-0099 General Standards.
(1) Miscellaneous.
(a) Conspicuously post warning signs, danger signs, warning flags, warning lights, or
similar devices where hazards not otherwise adequately guarded warrant their use.
(b) Keep all safeguards or devices operating properly and fully effective at providing the
protection originally intended.
(c) Erect protective barriers or suitable guards when covers over openings are removed
or excavations made in places accessible to workers or vehicles.
(d) Do not allow the use of intoxicating liquor or drugs on the job. Do not allow anyone to
work with impaired ability to work safely.
(e) Do not allow horseplay, scuffling, practical jokes or any other similar activity.
(2) Supervision and competency.
(a) Require employees to demonstrate their ability to work safely.
(b) Provide enough supervision over employees to ensure and enforce compliance with
safe operating procedures and practices.
NOTE: It is not the meaning of this rule to require a supervisor on every part of any operation, nor
to prohibit workers from working alone.
(c) Take all reasonable means to require employees:
(A) To work and act in a safe and healthful manner;
(B) To work in compliance with all applicable safety and health rules;
(C) To use all means and methods, including but not limited to, ladders, scaffolds,
guardrails, machine guards, safety belts and lifelines, necessary to work safely where
employees are exposed to a hazard;
(D) Not to remove, displace, damage, destroy or carry off any safety device, guard,
notice or warning provided for use in any employment or place of employment where
safety and health rules require such use.
(d) Use a procedure, appropriate for the work, to check on the well-being of workers
whose duties require them to work alone or in isolation. Instruct all workers about the
procedure.
NOTE: A two-way system of signals, thoroughly understood by both parties or other form of two-
way communication is acceptable. Motor noise is not acceptable as contact or as an indication of
well-being.
A
GENERAL STANDARDS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(2)(e) – (6)(a)(B) A-4 437-004-0099
(e) Employers must provide all health hazard control measures necessary to protect the
employees' health from harmful or hazardous conditions and must maintain those control
measures in good working order and assure their use.
(f) Employers must inform their employees about the known health hazards to which they
are exposed, the measures taken for the prevention and control of those hazards, and
the proper methods for using the control measures.
(3) Inspections. A competent person or persons must inspect every place of employment at
least quarterly. OAR 437-004-0251 has other requirements related to these inspections.
(4) Investigations.
(a) The employer must investigate every work-related lost time injury. The object of the
investigation is to determine how to prevent recurrence. OAR 437-004-0251 has other
requirements related to these investigations.
NOTE: As mentioned above, “lost time injury” is the same as the ORS 656.005(7)(c) definition
of “disabling compensable injury.” That is: an injury that entitles the worker to compensation for
disability or death. To fall into this category the employee must miss three consecutive calendar
days beginning with the day the worker first loses time or wages from work as a result of the
compensable injury. This includes weekends and holidays when they might normally be off.
(b) At the request of authorized OR-OSHA representatives, you or your superintendents,
supervisors and employees must furnish all evidence and names of known witnesses to
an accident.
(c) Employees in charge of work are agents of the employer in the discharge of their
authorized duties, and are always responsible for:
(A) The safe performance of the work under their supervision; and
(B) The safe conduct of the crew under their supervision; and
(C) The safety of all workers under their supervision.
(5) Extraordinary hazards. When conditions arise that cause unusual or extraordinary
hazards to workers, take additional means and precautions to protect workers or to control
the hazardous exposure. If you cannot make the operation reasonably safe, stop work while
the abnormal conditions exist or until the work is safe.
(6) Signals and signal systems.
(a) Give control signals by only one person at a time.
(A) When given, make signals clear and distinct.
(B) The person receiving the signals must understand their meaning before taking
action.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GENERAL STANDARDS
A
END OF DOCUMENT –
437-004-0099 A-5 (6)(b) – Note
(b) Act immediately on emergency stop signals from whatever source.
(c) Do not throw any type of material that can produce injury, such as rocks, wooden or
metal objects, etc., as a signal.
(d) Do not give signals for the movement of materials or equipment until all persons who
might be in danger by the movement are in the clear.
Employment of Minors
NOTE: Information on current regulations about the employment of minors is available from the
local office of the Oregon Bureau of Labor and Industries, or by writing to: Wage and Hour
Division, Oregon Bureau of Labor, 800 NE Oregon Street, Suite 1045, Portland, OR 97232.
Phone: 971-673-0761. Fax: 971-673-0769.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
OR-OSHA Admin. Order 4-2010, f. 7/8/10, ef. 1/1/11.
A
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
A-6
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
DEFINITIONS
B
Subdivision B B-i Table of Contents
TABLE OF CONTENTS
437-004-0100 Universal Definitions ............................................................................... B-1
437-004-0150 Standards Organizations ........................................................................ B-7
B
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
B-ii
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
UNIVERSAL DEFINITIONS
B
437-004-0100 B-1 (1)
437-004-0100 Universal Definitions.
(1) These definitions apply throughout Division 4, Agriculture, except that the definitions in
Subdivision 4/W, adopted from 40 CFR 170, Worker Protection Standard, apply to the rules
within that Subdivision.
Accepted – Something is accepted if:
(A) A nationally recognized testing laboratory has inspected it and found it to
conform to specified plans or to procedures of applicable codes; or
(B) It is verified by design, evaluation, or inspection by a registered professional
engineer; or
(C) It is acknowledged by the authority having jurisdiction, the agency, office, or
organization that is responsible for approving specific equipment, materials,
installations, or procedures. (Examples of such authorities include the U.S.
Department of Transportation, the U.S. Coast Guard, the Oregon Building Codes
Division, and the Office of the State Fire Marshal.)
Agricultural employer – means any person, corporation, association, or other legal
entity who meets the definition of an employer in ORS 654.005(5) and who:
(A) Owns or operates an agricultural establishment; or
(B) Recruits and supervises employees who work for an agricultural establishment;
or
(C) Is responsible for the management or condition of, or exercises direction and
control over the production on, an agricultural establishment.
Agricultural establishment – means a farm, ranch, nursery, greenhouse, or production
facility that is a place of employment and is engaged in the activities described in
Division 4/A, 437-004-0002 Scope.
Approved – means acceptable for the purposes of rule compliance, under the following
criteria:
(A) It is accepted, or certified, or listed, or labeled or otherwise determined to be safe
by a nationally recognized testing laboratory; or
(B) If an installation or equipment is of a kind which no nationally recognized testing
laboratory accepts, certifies, lists, labels, or determines to be safe, it has been
inspected or tested by another authority having jurisdiction and found to be in
compliance with the provisions of the applicable code; or
(C) Custom-made equipment or related installations that are designed and fabricated
for a certain intended use by its manufacturer. The employer must keep and make
available the test data that is used as the basis of this approval, for inspection.
B
UNIVERSAL DEFINITIONS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(1) B-2 437-004-0150
Boiling pointThe temperature at which the liquid form of a substance changes into a
vapor, at a standard atmospheric pressure. The initial boiling point of a substance is
determined according to test methods specified in Appendix B to Division 2/Z,
1910.1200, Hazard Communication Standard.
CAS – is the Chemical Abstracts Service Registry Number, a unique numerical identifier
assigned by the Chemical Abstracts Service to every chemical described in the open
scientific literature.
Capacity – is the maximum load or severity of service (determined by the manufacturer
or a qualified engineer) that a tool, machine, equipment, structure, or material is
expected to withstand without failure, deformation, separation or fracture.
Certified – is something that:
(A) Was tested and found by a nationally recognized testing laboratory to meet
nationally recognized standards or to be safe for use in a specified manner, or
(B) Is of a kind whose production is periodically inspected by a nationally recognized
testing laboratory, and
(C) Shows a label, tag, or other record of certification.
Combustible – A substance or material that is able or likely to catch fire and burn.
Combustible liquid – The “combustible liquid” classification is no longer used in
Division 4 rules because it was eliminated by the globally harmonized classification and
labeling system (GHS) adopted in OSHA’s Hazard Communication Standard. Any liquid
with a flash point of 199.4°F (93 degrees C.) or less is considered to be one of the four
categories of flammable liquids. (See “Flammable liquids,” below.)
NOTE: The term “combustible liquid” is still used by the National Fire Protection Association
(NFPA) system of classification and by the Oregon State Fire Marshal to classify liquids that
will burn but do not ignite as easily as flammable liquids. The NFPA system defines some
chemicals as “combustible liquids” that would be included as a category of “flammable
liquid” in the OSHA/GHS classification system. (See Appendix A to Subdivision 4/H, 437-
004-0720 Flammable Liquids, for a comparison of the GHS and NFPA systems of
classification of flammable/combustible liquids.)
Competent person – is a person who, because of training and experience, can identify
existing and predictable hazards in equipment, material, conditions or practices; and,
who has the knowledge and authority to take corrective steps.
Explosive – something capable of causing damage to the surroundings by chemical
reaction. Explosives are defined in Appendix B to 1910.1200 – Physical Hazard Criteria
at B.1 EXPLOSIVES.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
UNIVERSAL DEFINITIONS
B
437-004-0100 B-3 (1)
Farming – Is the production of agricultural field crops, tree crops; horticultural
specialties, greenhouse crops; and the production of livestock and animal specialties.
Farming includes farm labor and management services; agricultural services and
support activities (such as soil preparation; crop cultivation, protection, and harvesting;)
and, the basic preparation of the crop or commodity for market. The farming production
process is typically completed at the “farm gate” – that is, at the point of first sale or price
determination.
NOTE: Throughout this division, the term “farming,” “agriculture,” “production agriculture,and
“agricultural operations” are synonymous.
Flammable – Capable of being easily ignited, burning intensely, or having a rapid rate of flame
spread. Flammable substances are defined in Appendix B to 1910.1200 – Physical Hazard
Criteria at B.2 FLAMMABLE GASES, B.3 FLAMMABLE AEROSOLS, B.6 FLAMMABLE
LIQUIDS, and B.7 FLAMMABLE SOLIDS.
Flammable liquids – are liquids having a flash point at or below 199.4 degrees F. (93
degrees C.) As defined in the globally harmonized system of classification and labeling
(GHS) adopted in OSHA’s Hazard Communication Standard, flammable liquids are
divided into four categories as follows:
(A) Category 1 includes liquids that have a flashpoint below 73.4 degrees F. (23
degrees C.) and have a boiling point at or below 95 degrees F. (35 degrees C.)
(B) Category 2 includes liquids that have a flashpoint below 73.4 degrees F. (23
degrees C.) and have a boiling point above 95 degrees F. (35 degrees C.)
(C) Category 3 includes liquids that have a flashpoint in a temperature range from at
or above 73.4 degrees F. (23 degrees C.) to at or below 140 degrees F. (60 degrees
C.)
(D) Category 4 includes liquids that have a flashpoint in a temperature range from
above 140 degrees F. (60 degrees C.) to at or below 199.4 degrees F. (93 degrees
C.)
NOTE: Examples of some common flammable liquids are:
Category 1: Diethyl ether (solvent sometimes used in starting fluid).
Category 2: Gasoline (Benzene, Ethanol).
Category 3: Kerosene, Stoddard Solvent.
Category 4: Diesel fuel, Naphthalene.
Flashpoint – is the minimum temperature at which a liquid gives off vapor within a test
vessel in sufficient concentration to form an ignitable mixture with air near the surface of
the liquid, as determined by specific testing methods. These test methods are specified
in Appendix B to Division 2/Z, 1910.1200, Hazard Communication Standard.
Hazardous Chemical – is any chemical which is classified, under the requirements of
the Hazard Communication Standard, as a physical hazard or a health hazard, a simple
asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.
B
UNIVERSAL DEFINITIONS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(1) B-4 437-004-0150
NOTE: See Division 2/Z, 1910.1200 Hazard Communication Standard, for more information.
Ignition source – the origin of something that results in a fire or an explosion. Examples
include open flames; smoking; cutting and welding; hot surfaces and radiant heat;
frictional heat; static, electrical, and mechanical sparks; chemical and physical-chemical
reactions; spontaneous ignition; and lightning.
Labeled – Something is labeled if:
(A) It has an attached label, symbol, or other identifying mark of a nationally
recognized testing laboratory that makes periodic inspections of the production of
such equipment; or
(B) The attached information indicates compliance with nationally recognized
standards or tests to determine safe use in a specified manner.
Listed – is something mentioned in a list that:
(A) Is published by a nationally recognized laboratory that makes periodic inspection
of the production of such equipment, and
(B) States such equipment meets nationally recognized standards or was tested and
found safe for use in a specified manner.
Nationally Recognized Testing Laboratory – (NRTL) is defined in 1910.7 Definition
and Requirements for a Nationally Recognized Testing Laboratory and OAR 437-002-
0007 Oregon Rule on Testing and Certification Program. (Examples of organizations in
this category are Factory Mutual Engineering Corporation, and Underwriters’
Laboratories.)
Place of employment – is every place (fixed, movable or moving) where an employee
works or is intended to work. It includes every place where (either temporarily or
permanently) there is any activity related to an employer's business, including a labor
camp.
NOTE: Place of employment” does not include a place where the only employment involves
nonsubject workers employed in or about a private home; or a farm where only the farm’s family
members are employed.
Qualified person is a person who has a recognized degree, certification, professional
standing, knowledge, training or experience; and has successfully demonstrated the
ability to perform the work, or solve or resolve problems relating to the work, subject
matter, or project.
Reasonable means – is what a prudent person, familiar with the circumstances of the
industry would do to work in a safe and healthful manner.
Safeguard – is any form of safety device or equipment; personal protective equipment;
guard or barricade; warning device, sign, or method; or a process prescribed or adopted
for the protection of an employee.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
UNIVERSAL DEFINITIONS /
STANDARDS ORGANIZATION
B
437-004-0100(1) B-5 437-004-0150
Substantialmeans constructed with sufficient strength or installed to provide ample
support to withstand loads to which the structure or device may be subjected.
Worker – is identical in every respect to “employee” as defined in ORS 654.005(4)
including:
(A) Any individual, including a minor, whether lawfully or unlawfully employed, who
engages to furnish services for a remuneration, financial or otherwise, subject to the
direction and control of an employer; and
(B) Any individual who is provided with workers’ compensation coverage as a subject
worker pursuant to ORS chapter 656, whether by operation of law or by election.
Workplace – See “Place of Employment,” above.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f. 8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
437-004-0150 Standards Organizations.
Division 4 references various standards from the following organizations. More
information is available from:
(ACGIH) American Conference of Governmental Industrial Hygienists
http://www.acgih.org/
1330 Kemper Meadow Drive
Cincinnati, Ohio 45240, USA
Customers/Members Phone: 513-742-2020
Fax: 513-742-3355
(ANSI) American National Standards Institute
http://www.ansi.org/
ANSI Standards Store
Customer Service Department
25 W 43rd St, 4th Floor
New York, NY 10036
Phone: (212) 642-4980
Fax: (212) 302-1286
(API) American Petroleum Institute
http://www.api.org/
1220 L Street, NW
Washington, DC 20005-4070
(202) 682-8000
B
STANDARDS ORGANIZATIONS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
B-6 437-004-0150
(ASABE) American Society of Agricultural and Biological Engineers
http://www.asabe.org/standards.aspx
2950 Niles Rd
St. Joseph, MI 49085
Toll-Free: (800) 371-2723
Fax: (269) 429-3852
(ASHRAE) American Society of Heating, Refrigeration, and Air Conditioning Engineers
www.ashrae.org
ASHRAE Bookstore
http://www.techstreet.com/ashrae/index.html
3916 Ranchero Dr
Ann Arbor, MI 48108
Phone: (800) 699-9277
Fax: (734) 780-2046
(ASME) American Society of Mechanical Engineers
http://www.asme.org/
Two Park Avenue
New York, NY 10016-5990
Phone: (800) 843-2763
ASTM International
(Formerly American Society for Testing and Materials)
http://www.astm.org
Sales and Customer Support
PO Box C700
West Conshohocken, PA 19428-2959
Phone: (877) 909-2786
(AWS) American Welding Society
http://www.aws.org
AWS Bookstore/Customer Service
13301 NW 47
th
Ave
Miami, FL 33054
Toll-free: 888-WELDING
Fax: (305) 826-6195
(CGA) Compressed Gas Association
http://www.cganet.com
Customer Service
14501 George Carter Way
Suite 103
Chantilly VA 20151
Phone: (703) 788-2700
Fax: (703) 961-1831
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STANDARDS ORGANIZATIONS
B
437-004-0150 B-7
(CMAA) Crane Manufacturers Association of America
http://www.mhi.org/cmaa
8720 Red Oak Blvd
Suite 201
Charlotte, NC 28217
Phone: (704) 676-1190
Fax: (704) 676-1199
FM Global
(Formerly Factory Mutual Engineering Corporation)
www.fmglobal.com
Customer Service (Resource Catalog)
Phone: (877) 364-6726
(IAPMO) International Association of Plumbing and Mechanical Officials
http://www.iapmo.org
4755 E Philadelphia St
Ontario, CA 91761
Phone: (909) 472-4100
Fax: (909) 472-4150
(NFPA) National Fire Protection Association
http://www.nfpa.org
1 Batterymarch Park
Quincy, MA 02169-7471
Customer Sales/Member Services
Phone: (800) 344-3555
Fax: (800) 593-6372
(NIOSH) National Institute of Occupational Safety and Health
http://www.cdc.gov/niosh/
Centers for Disease Control and Prevention
Clifton Rd. Atlanta
Atlanta, GA 30333
1-800-CDC-INFO (1-800-232-4636)
(RMA) Rubber Manufacturers Association
http://www.rma.org/publications/
1400 K Street, NW, Suite 900
Washington, DC 20005
(202) 682-4800
SAE International
(Formerly Society of Automotive Engineers)
http://www.sae.org
400 Commonwealth Dr.
Warrendale, PA 15096
Phone: (877) 606-7323
Fax: (724) 776-0790
B
STANDARDS ORGANIZATIONS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
B-8 437-004-0150
(UL) Underwriters Laboratories
www.ul.com/
333 Pfingsten Rd.
Northbrook, IL 60062
(847) 272-8800
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SAFETY AWARENESS
C
Subdivision C C-i Table of Contents
TABLE OF CONTENTS
437-004-0240 Safety Orientation for Seasonal ................................................................... C-1
437-004-0251 Safety Committees and Safety Meetings ..................................................... C-2
(1) Application .................................................................................................................. C-3
(2) General requirements ................................................................................................ C-3
(3) Safety committees ...................................................................................................... C-3
(4) Safety Meetings ......................................................................................................... C-5
C
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
C-ii
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SAFETY ORIENTATION FOR
SEASONAL WORKERS
C
437-004-0240 C-1 (2)(b)
437-004-0240 Safety Orientation for Seasonal Workers.
Definitions:
Hand-labor operations (as defined in OAR 437-004-1110(3) and reprinted here for
ease of the reader) means agricultural activities or agricultural operations performed by
hand or with hand tools, including:
(A) Hand-cultivation, hand-weeding, hand-planting, and hand-harvesting of
vegetables, nuts, fruits, seedlings, or other crops (including mushrooms);
(B) Hand packing or sorting, whether done on the ground, on a moving machine, or
in a temporary packing shed in the field.
Seasonal workers are employed in a job tied to a certain time of year by an event or
pattern and for not more than 10 months in a calendar year.
Note: The following are only minimum requirements. Other parts of the agriculture standard require
training for certain types of work in addition to these general orientation requirements.
(1) Application: This applies to agricultural employers with seasonal workers.
(2) Basic Safety Awareness Requirements.
(a) You must provide seasonal workers with at least the following information:
at their orientation meeting before beginning work for the first time, and;
when work conditions or locations change in a way that could reasonably affect
their safety or health.
(A) Safety and health rules for their work.
(B) Procedures for workers to contact supervisors or managers in case of accident,
illness, or problems related to safety or health.
(C) Procedures for treating injured or sick workers and for summoning emergency
assistance.
(D) The location of posted safety and health information.
(b) If you have employees with language barriers, you must communicate safety
awareness information in a manner that workers can understand. Include content that is
either translated into the language used to hire and supervise these employees or that is
otherwise effectively conveyed, such as through visual media.
C
SAFETY ORIENTATION FOR SEASONAL
WORKERS / SAFETY COMMITTEES &
SAFETY MEETINGS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-0240(2)(b) Note C-2 437-004-0251
NOTES: Division 4/Z, Hazard Communication, OAR 437-004-9800(7)(d), requires employers to
give a copy of the Oregon OSHA’s Safe Practices When Working Around Hazardous Agricultural
Chemicals (#1951) to every employee. This publication provides an outline of the information that
agricultural employers must provide during the initial training for workers under both the hazard
communication rules and the pesticide worker protection standard (WPS) as covered in Division
4/W, 170.130(c). Contact Oregon OSHA for copies of this publication and information about
available language formats.
You must provide the initial WPS training if pesticide products labeled with “agricultural use
requirements” have been used at the place of employment during the 30 days prior to the worker’s
first day of employment or will be used during the worker’s period of employment. Additional WPS
training requirements apply on the sixth day of employment, and in other work situations that fall
under the definition of “pesticide handler.” See Division 4/W for these additional training
requirements.
For seasonal workers doing hand-labor operations only, you must provide all of the following to
meet the initial training requirements under the WPS, this safety awareness orientation rule, and
the hazard communication rule.
The training outlined in Safe Practices When Working Around Hazardous Agricultural
Chemicals publication.
The basic safety awareness requirements information in OAR 437-004-0240.
Access to material safety data sheet information for the hazardous chemicals to which they
reasonably may be exposed.
Stat. Authority: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 2-1999, f. 4/30/99, ef. 4/30/99.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
OR-OSHA Admin. Order 4-2010, f. 7/8/10, ef. 1/1/11.
437-004-0251 Safety Committees and Safety Meetings.
Definitions:
Management – includes all supervisors and persons who regularly exercise direction and
control over workers.
Workers – for the purposes of determining the need for a safety committee, include both full
and part-time employees.
Purpose. The purpose of safety committees and safety meetings is to bring workers and
management together in a non-adversarial, cooperative effort to promote safety and health in
each workplace. A safety committee assists the employer by establishing procedures,
performing inspections, evaluating safety and health programs, and recommending changes in
workplace conditions and practices. By participating in safety meetings, workers and
management work together to recognize hazards and to make safety and health improvements
at the workplace.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SAFETY COMMITTEES &
SAFETY MEETINGS
C
437-004-0251 C-3 (1) – (3)(b)(B)
(1) Application: This applies to agriculture employers with workers other than seasonal
workers covered in OAR 437-004-0240.
(2) General Requirements.
(a) You must either have an effective safety committee or hold effective safety meetings.
(See Table 1.)
(b) If you have employees with language barriers, you must communicate safety
awareness information in a manner that workers can understand. Include content that is
either translated into the language used to hire and supervise these employees or that is
otherwise effectively conveyed, such as through visual media.
(c) If you are a labor contractor, you must have a committee or meetings based on the
number of employees that you direct and control.
NOTE: Nothing in these rules prevents you from having seasonal workers attend safety
meetings.
Table 1
IF:
You can have a
safety committee
You can have safety
meetings instead of a
committee
You have 10 or fewer workers at a location
Yes
Yes
You have more than 10 workers at a location
Yes
No
You have satellite or auxiliary worksites with
10 or fewer workers at each location
Yes
Yes
(3) Safety Committees.
(a) Management’s Duties.
(A) Pay members at their regular rate of pay for attending the meetings, trainings,
inspections, and other functions required by this rule.
(B) Provide committee members with timely access to these rules (OAR 437-004-
0251) and to all Oregon OSHA standards that apply to their work.
(C) Respond to safety committee recommendations within a reasonable time.
(b) Effective Safety Committees. You must ensure that the committee produces at least
the following results:
(A) Employees are aware of the committee, who is on it, when it meets and how
information is shared between management and workers.
(B) Employees are aware of their right to have their safety and health concerns heard
by the committee.
C
SAFETY COMMITTEES &
SAFETY MEETINGS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(b)(C) – (3)(e)(C) C-4 437-004-0251
(C) Employees know the employer’s method or system for reporting safety and health
concerns, incidents, and accidents.
(c) Centralized Safety Committee. You may choose a centralized safety committee if
all of the following apply:
(A) You have more than one geographic employment location.
(B) The locations are close enough to ensure that a joint committee meets the
requirements in OAR 437-004-0251(3)(b), Effective Safety Committees.
(C) The joint committee represents the safety and health concerns of all employees
at all locations.
(d) Membership and Training.
(A) Have at least two members on your committee if you have 20 or fewer workers.
Have at least four members if you have more than 20 workers. Members should
represent the major activities of your business.
(B) Have an equal number of employer-selected members and worker-elected or
volunteer members. If both parties agree, the committee may have more worker-
elected or volunteer members.
NOTE: Management can select a supervisor or other employee to represent them. Workers
can volunteer or elect any peer as a representative.
(C) Provide training on the purpose and operation of the safety committee, in hazard
identification, and in the principles of accident investigation.
NOTE: Oregon OSHA provides no-cost, safety committee-related training available through
the web site at www.orosha.org/education.html.
(D) Have members serve a minimum of one year, when possible.
(E) Have a majority agree on a chairperson.
(e) Safety Committee Functions. Ensure that the committee does all of the following:
(A) Meets at least monthly, except in those months when quarterly inspections occur.
(B) Establishes procedures for doing the quarterly safety and health inspections
required by OAR 437-004-0099(3). Persons performing inspections must be trained
in hazard identification.
(C) Reviews all quarterly safety and health inspection reports and makes
recommendations to eliminate identified hazards.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SAFETY COMMITTEES &
SAFETY MEETINGS
C
437-004-0251 C-5 (3)(e)(D) – (4)(b)
(D) Works with management to establish procedures for investigating all safety
incidents, accidents, work-related illnesses, and fatalities. Persons investigating
these events must be trained in the principles of accident investigation.
NOTE: OAR 437-004-0099(4) requires agricultural employers to investigate every work-
related lost-time injury.
(E) Evaluates all investigation reports and makes recommendations for ways to
prevent recurrence.
(F) Sets guidelines for the training of safety committee members.
(G) Evaluates the accident and illness prevention programs at the workplace.
(f) Safety Committee Records.
(A) Ensure that records have at least the following information.
(i) Meeting date.
(ii) Names of those attending.
(iii) All reports, inspections, evaluations, recommendations, management
responses, and other safety and health-related items brought before the
committee.
(iv) The date that management agrees to respond to specific recommendations.
(B) Make these records available to all employees and to Oregon OSHA
representatives, upon request.
(C) Maintain these records for at least three years.
(4) Safety Meetings.
(a) Effective Safety Meetings. You must ensure that safety meetings produce at least
the following results:
(A) Employees are aware of safety meetings, when and where they are held, and
how information is shared between management and workers.
(B) Employees know that they have a right to have their safety and health concerns
heard and questions answered at safety meetings.
(C) Employees know the employer’s method or system for reporting safety and health
concerns, incidents, and accidents.
(b) Meeting Requirements. Safety meetings must have all of the following
characteristics:
C
SAFETY COMMITTEES &
SAFETY MEETINGS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
END OF DOCUMENT –
(4)(b)(A) – (4)(d)(C) Note C-6 437-004-0251
(A) Include all available employees.
(B) Include at least one employer representative.
(C) Be on company time with attendees paid at their regular rate of pay.
NOTE: If you have questions about this, contact the Oregon Bureau of Labor and Industries.
(D) Occur at least monthly.
(c) Meeting content. Safety meetings must include the following:
(A) Information about safety and health issues relevant to the workplace.
(B) Reports from quarterly workplace safety inspections and from investigations of
any work-related, time-lost injuries, including suggested corrective measures.
NOTE: OAR 437-004-0099(3) requires a competent person to inspect the agricultural
workplace at least quarterly. OAR 437-004-0099(4) requires agricultural employers to
investigate every work-related lost-time injury. See Division 4/A for details.
(C) Opportunities for employees to ask questions, bring up safety and health
concerns, and make suggestions.
(D) Information that is presented in a manner that can be understood by all
employees.
(d) Meeting Records.
(A) Meeting notes must include the following information:
(i) Meeting date.
(ii) Names of those attending.
(iii) Topics discussed.
(B) Keep the records for at least 3 years.
(C) Make the records available to your employees and to Oregon OSHA
representatives, upon request.
NOTE: If all your employees attend a safety meeting, you are only required to record the
meeting date and a list of the employees attending.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-2010, f. 7/8/10, ef. 1/1/11.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
WORK SURFACES
D
Subdivision D D-i Table of Contents
TABLE OF CONTENTS
437-004-0310 Working Surfaces .................................................................................... D-1
(1) Scope ....................................................................................................................... D-1
(2) Housekeeping .......................................................................................................... D-1
(3) Aisles, walkways, inclines and passageways ......................................................... D-1
(4) Covers and guardrails ............................................................................................. D-1
(5) Surface loads ........................................................................................................... D-1
(6) Barriers .................................................................................................................... D-1
(7) Vertical clearances .................................................................................................. D-1
(8) Working above other workers ................................................................................. D-2
437-004-0320 Guarding Floor and Wall Openings and Holes ....................................... D-2
(1) Definitions ................................................................................................................ D-2
(2) Floor openings and floor holes ................................................................................ D-3
(3) Wall openings and holes ......................................................................................... D-4
(4) Open-sided floors, platforms, and runways ............................................................. D-4
(5) Stairway railings and guards ................................................................................... D-5
(6) Railing, toeboards, and cover specifications ........................................................... D-6
437-004-0330 Fixed Industrial Stairs .............................................................................. D-8
(1) Definitions ................................................................................................................ D-8
(2) Application ............................................................................................................... D-9
(3) Where fixed stairs are required ............................................................................... D-9
(4) Stair strength ........................................................................................................... D-9
(5) Stair width ................................................................................................................ D-9
(6) Angle of stairway rise............................................................................................. D-10
(7) Stair treads ............................................................................................................ D-10
(8) Stairway platforms ................................................................................................. D-10
(9) Railings and handrails ........................................................................................... D-10
(10) Vertical clearance ................................................................................................ D-10
437-004-0340 Portable Ladders ................................................................................... D-11
(1) Definitions .............................................................................................................. D-11
(2) Application ............................................................................................................. D-12
(3) Ladder selection .................................................................................................... D-12
(4) Condition of wood ladders ..................................................................................... D-12
(5) General requirements – all ladders ....................................................................... D-12
(6) General requirements – portable stepladders ....................................................... D-13
(7) Use – all ladders .................................................................................................... D-13
(8) Use of specific types of ladders............................................................................. D-14
D
WORK SURFACES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
Table of Contents D-ii Subdivision D
437-004-0350 Orchard Ladders ................................................................................... D-17
(1) Application ............................................................................................................. D-17
(2) Maintenance .......................................................................................................... D-17
(3) Training .................................................................................................................. D-17
(4) Use and care ......................................................................................................... D-17
437-004-0360 Fixed Ladders ........................................................................................ D-18
(1) Definitions .............................................................................................................. D-18
(2) Design requirements ............................................................................................. D-19
(3) Specific features .................................................................................................... D-20
(4) Clearance .............................................................................................................. D-21
(5) Special requirements ............................................................................................. D-24
(6) Pitch ....................................................................................................................... D-28
(7) Maintenance .......................................................................................................... D-28
437-004-0370 Scaffolding ............................................................................................. D-29
(1) Scope ..................................................................................................................... D-29
(2) Definitions .............................................................................................................. D-29
(3) General requirements for all scaffolds .................................................................. D-30
(4) General requirements for wood pole scaffolds ..................................................... D-31
(5) Tubular welded frame scaffolds ............................................................................ D-35
(6) Boatswain’s chairs ................................................................................................. D-36
(7) Horse scaffolds ...................................................................................................... D-37
(8) Ladder-jack scaffolds ............................................................................................ D-37
(9) Roofing brackets .................................................................................................... D-38
(10) Crawling boards or chicken ladders .................................................................... D-38
(11) Manually propelled mobile scaffolds ................................................................... D-38
437-004-0380 Manually Propelled Mobile Ladder Stands and Scaffolds (Towers) ..... D-39
437-004-0390 Other Working Surfaces ........................................................................ D-40
(1) Dockboards (bridge plates) ................................................................................... D-40
(2) Floors ..................................................................................................................... D-40
(3) Ramps and runways .............................................................................................. D-40
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
WORKING SURFACES
D
437-004-0310 D-1 (1) – (7)
437-004-0310 Working Surfaces.
(1) Scope. This section applies to all places of agricultural employment. Measures to
control toxic materials are outside the scope of this section.
(2) Housekeeping. Floors, work areas, aisles and passageways must be in good repair and
must not have protruding nails, unevenness, obstructions, debris or loose boards that create
a hazard.
(3) Aisles, walkways, inclines and passageways.
(a) There must be sufficient clearance for safe operation of mechanical handling
equipment in aisles, at loading docks, through doorways and at turns. Aisles and
passage- ways must be clear and in good repair with no obstructions that could be a
hazard.
(b) Mark permanent aisles and passageways.
(c) Aisles, passageways, and walkways must be wide enough for safe work but never
less than 22 inches wide. Passageways more than 4 feet above the ground or floor level
must have standard guardrails.
(d) Fixed inclined walkways must be at least 22 inches wide, incline at no more than
24 degrees and be securely fastened at the top and bottom. They must have guardrails
on each open side.
(e) Inclined walkways that may be slippery must have anti-slip surfaces or cleats secured
at uniform intervals of not more than 18 inches, and extending the full width of the
walkway.
(f) Inclines from floor to floor, without open sides, used instead of stairways must have
standard handrails according to the requirements for stairways.
(g) Ramps for wheelbarrows, if made of planking, must have an odd number of planks
with no cleats on the center plank.
(4) Covers and guardrails. There must be covers and/or guardrails on each open side to
protect people from the hazards of open pits, tanks, vats, excavations, etc.
(5) Surface loads. For all new and remodel construction after December 1, 1997, post the
load capacities on overhead storage areas. Do not allow overloading.
(6) Barriers. There must be protective barriers or suitable guards for uncovered openings or
excavations that are accessible to vehicle or pedestrian traffic. Use warning lights or flares if
working at night.
(7) Vertical clearances. There must be a vertical clearance of at least 6 1/2 feet over work
areas. Where it is impractical to provide this clearance, use padding, contrasting paint or
similar warnings on overhead obstructions.
D
WORKING SURFACES / GUARDING
FLOOR & WALL OPENINGS & HOLES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-0310(7) Note D-2 437-004-0320(1)
NOTE: This does not apply to crop storage areas where people are there for short periods.
(8) Working above other workers. Areas above other workers, for handling or mixing
acids, caustics, or other harmful materials must have water-tight floors that drain to a safe
location, except where workers underneath wear personal protective equipment suitable for
the hazard.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0320 Guarding Floor and Wall Openings and Holes.
(1) Definitions. Unless otherwise stated, these terms mean:
Floor hole. An opening less than 12 inches but more than 1-inch in its least dimension,
in any walking surface, through which materials but not persons may fall. This includes
belt holes, pipe openings, or slot openings.
Floor opening. An opening 12 inches or more in its least dimension, in any walking
surface through which persons may fall including hatchways, stairs or ladder openings,
pits, or large manholes. Floor openings occupied by elevators, dumb waiters, conveyors,
machinery, or containers are excluded from this subdivision.
Handrail. A single bar or pipe supported on brackets from a wall or partition, and used
as a handhold for persons on stairs or ramps.
Platform. An elevated work space, such as a balcony or mezzanine for the operation of
machinery and equipment.
Runway. An elevated passageway, such as a footwalk along shafting or a walkway
between buildings.
Stair railing. A vertical barrier along exposed sides of a stairway to prevent people from
falling.
Standard railing. A vertical barrier along exposed edges of a floor opening, wall
opening, ramp, platform, or runway to prevent people from falling.
Standard strength and construction. Any construction of railings, covers, or other
guards that meets the requirements of OAR 437-004-0320(6).
Toeboard. A vertical barrier at floor level along exposed edges of a floor opening, wall
opening, platform, runway, or ramp to prevent things from falling.
Wall hole. An opening less than 30 inches but more than 1-inch high, of unrestricted
width, in any wall or partition; such as a ventilation hole.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GUARDING FLOOR & WALL
OPENINGS & HOLES
D
437-004-0320 D-3 (1) – (2)(h)(A)
Wall opening. An opening at least 30 inches high and 18 inches wide, in any wall or
partition, through which persons may fall; such as a window, doorway or chute opening.
(2) Floor openings and floor holes.
(a) Stairway floor openings must have a standard railing that complies with OAR 437-
004-0320(6), on all exposed sides (except at entrance to the stairway). For infrequently
used stairways where traffic across the opening prevents the use of a fixed standard
railing, the guard must be a hinged floor opening cover of sufficient strength and
removable standard railings on all exposed sides (except at entrance to the stairway).
(b) Ladder way floor openings or platforms must have a standard railing with standard
toeboard on all exposed sides (except at entrance to opening). The passage through the
railing must either have a swinging gate or be offset so that a person cannot walk directly
into the opening.
(c) Hatchways and chute floor openings must have one of the following:
(A) Hinged floor opening cover with standard railings. When the opening is not in
use, close the cover or guard the exposed sides at both top and intermediate
positions by removable standard railings.
(B) A removable railing with toeboard on not more than two sides of the opening and
fixed standard railings with toeboards on all other exposed sides. The removable
railings must be in place when the opening is not in use.
(C) Where operating conditions necessitate the feeding of material into any hatchway
or chute opening, protection must prevent a person from falling through the opening.
(d) Skylight floor openings and holes must have a standard skylight screen or a fixed
standard railing on all exposed sides.
(e) Pit and trapdoor floor openings must have a floor opening cover of sufficient strength.
While the cover is not on, an attendant must be at the pit or trap opening or there must
be removable standard railings on all sides.
(f) Manhole floor openings must have a standard manhole cover that need not be hinged
in place. While the cover is off, there must be an attendant at the manhole opening or it
must have removable standard railings.
(g) Temporary floor openings must have standard railings, or an attendant on open
sides.
(h) Floor holes into which persons can accidentally walk must have either:
(A) A standard railing with standard toeboard on all exposed sides, or
D
GUARDING FLOOR & WALL
OPENINGS & HOLES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(2)(h)(B) – (4)(a) D-4 437-004-0320
(B) A floor hole cover of sufficient strength. While the cover is off, the floor hole must
have an attendant or a removable standard railing.
(i) Floor holes into which persons cannot accidentally walk must have a cover that leaves
no openings more than 1-inch wide. The cover must be securely held in place to prevent
tools or materials from falling through.
(j) Where doors or gates open directly on a stairway, there must be a platform, and the
swing of the door must not reduce the effective length to less than 20 inches.
(3) Wall openings and holes.
(a) Wall openings with a drop of more than 4 feet must have one of the following:
(A) Rail, roller, picket fence, half door, or equivalent barrier. Where there is exposure
below to falling materials, there must be a toe board or the equivalent. When the
opening is not in use for handling materials, the guard must be in position regardless
of a door on the opening. In addition, there must be a grab handle on each side of
the opening with its center about 4 feet above floor level and of standard strength and
mounting.
(B) Extension platform to receive hoisted materials for handling. It must have side
rails or equivalent guards of standard specifications.
(b) Chute wall openings with a drop of more than 4 feet must have one or more of the
barriers in (3)(a) above or as required by the conditions.
(c) Window wall openings with a drop of more than 4 feet, and where the bottom of the
opening is less than 3 feet above the floor or platform, must have a guard of slats, grill
work (as in OAR 437-004-0320(6)(k)), or standard railing.
(d) Where the window opening is below the landing, or platform, there must be a
standard toeboard in addition to requirements in (c) above.
(e) Every temporary wall opening must have adequate guards but these need not be of
standard construction.
(f) Where there is a hazard of materials falling through a wall hole, and the lower edge of
the near side of the hole is less than 4 inches above the floor, and the far side of the hole
more than 5 feet above the next lower level, the hole must have a standard toeboard, or
a solid enclosing screen, or one as described in OAR 437-004-0320(6)(k).
(4) Open-sided floors, platforms, and runways.
(a) Open-sided floors or platforms 4 feet or more above adjacent floor or ground level
must have a standard railing (or the equivalent from OAR 437-004-0320(6)(c)) on all
open sides except where there is entrance to a ramp, stairway, or fixed ladder. The
railing must have a toeboard where, beneath the open sides:
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GUARDING FLOOR & WALL
OPENINGS & HOLES
D
437-004-0320 D-5 (4)(a)(A) – (5)(a)
(A) Persons can pass,
(B) There is moving machinery, or
(C) There is equipment with which falling materials could create a hazard.
When operating conditions make it necessary, the railing may be left off of one side if the
platform is at least 18 inches wide.
Exception: When things regularly have to be passed over the edge of the floor, as in hay stor
age, there is no requirement for the intermediate railing and toeboard. This exception applies
also where the railing is set back from the edge 12 inches or more. There is no requirement for
any railing when the employer can show that it creates a greater hazard than working without one.
(b) Runways must have a standard railing (or the equivalent from OAR 437-004-0320
(6)(c)) on all open sides 4 feet or more above floor or ground level. Where the use of
tools, machine parts, or materials on the runway is likely, there must be a toeboard on
each exposed side.
NOTE: Runways exclusively for special purposes may omit the railing on one side when
operating conditions make it necessary, if the runway is at least 18 inches wide. Where per-
sons entering runways have exposure to machinery, electrical equipment, or other dangers,
additional guarding may be required for protection.
(c) Regardless of height, open-sided floors, walkways, platforms, or runways above or
adjacent to dangerous equipment must have a standard railing and toeboard on open
sides.
(5) Stairway railings and guards.
(a) Stairs with four or more risers must have standard stair railings or standard handrails
from (A) through (E) below. Measure the width of the stairs clear of all obstructions
except handrails:
Oregon Note: Count each vertical distance of the overall vertical height to determine the total
number of risers.
D
GUARDING FLOOR & WALL
OPENINGS & HOLES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(a)(A) – (6)(c)(D) D-6 437-004-0320
(A) On stairways less than 44 inches wide with both sides enclosed, at least one
handrail, preferably on the right side descending.
(B) On stairways less than 44 inches wide with one side open, at least one stair
railing on the open side.
(C) On stairways less than 44 inches wide with both sides open, one stair railing on
each side.
(D) On stairways more than 44 inches wide but less than 88 inches wide, one
handrail on each enclosed side and one stair railing on each open side.
(E) On stairways 88 or more inches wide, one handrail on each enclosed side, one
stair railing on each open side, and one intermediate stair railing approximately
midway of the width.
(b) Winding stairs must have a handrail offset to prevent walking on any treads less than
6 inches wide.
(6) Railing, toeboards, and cover specifications.
(a) A standard railing must have a top rail, intermediate rail, and posts, and must be
between 36 and 44 inches high from the upper surface of the top rail to the walking
surface. The top rail must be smooth. The intermediate rail must be about halfway
between the top rail and the floor, platform, runway, or ramp. The ends of the rails
must not overhang the terminal posts except where such overhang is not a projection
hazard.
(b) A stair railing must be similar to a standard railing but the height must be between
30 and 36 inches from upper surface of top rail to surface of tread in line with face of the
riser at the forward edge of the tread.
(c)
(A) For wood railings, the posts must be at least 2-inch by 4-inch stock spaced not to
exceed 6 feet; the top and intermediate rails must be at least 2-inch by 4-inch stock.
If the top rail is made of two right-angle pieces of 1-inch by 4-inch stock, posts may
be spaced on 8-foot centers, with 2-inch by 4-inch intermediate rail.
(B) For pipe railings, posts and top and intermediate railings must be at least
1 1/2 inches nominal diameter with posts spaced not more than 8 feet on center.
(C) For structural steel railings, posts and top and intermediate rails must be of 2-inch
by 2-inch by 3/8-inch angles or other metal shapes of equivalent bending strength
with posts spaced not more than 8 feet on center.
(D) The anchoring of posts and framing of members for railings of all types must
be strong enough that the completed structure can withstand a load of at least
200 pounds applied in any direction at any point on the top rail.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GUARDING FLOOR & WALL
OPENINGS & HOLES
D
437-004-0320 D-7 (6)(c)(E) – (6)(g)
(E) Other types, sizes, and arrangements of railing construction are acceptable if they
have:
(i) A smooth-surfaced top rail at a height above floor, platform, runway, or ramp
level of 42 inches nominal, and;
(ii) A strength to withstand at least the minimum requirement of 200 pounds top
rail pressure, and;
(iii) Protection between top rail and floor, platform, runway, ramp, or stair treads,
equivalent at least to that afforded by a standard intermediate rail.
(d) A standard toeboard must be 4 inches nominal in height from its top edge to the level
of the floor, platform, runway, or ramp. It must be securely fastened in place and with not
more than 1/4-inch clearance above floor level. It may be made of any strong material
either solid or with openings not more than 1-inch in greatest dimension.
Where material can fall through the space between the standard toeboard and midrail,
there must be paneling or screen from floor to the midrail. If material can fall through the
space between the midrail and top rail, there also must be paneling or screen there.
(e)
(A) A handrail must have a lengthwise member mounted directly on a wall or
partition. Mounting brackets must attach to the lower side of the handrail so that the
top and sides are smooth. The handrail must furnish an adequate handhold for
anyone grasping it to avoid falling.
(B) Handrails must be 30 to 34 inches in height from the upper surface of the
handrail to the surface of the tread in line with the face of the riser or to the surface of
the ramp.
(C) Hardwood handrails must be at least 2 inches in diameter. Metal pipe handrails
must be at least 1 1/2 inches in diameter. Brackets must be long enough to give at
least 1 1/2 inches clearance between handrail and wall. Bracket spacing must be not
more than 8 feet.
(D) Handrails must be able to withstand a load of at least 200 pounds applied in any
direction at any point on the rail.
(f) All handrails and railings must have a clearance of at least 1 1/2 inches between the
handrail or railing and any other object.
(g) Floor opening covers may be of any material that meets the following strength
requirements:
D
GUARDING FLOOR & WALL
OPENINGS & HOLES / FIXED
INDUSTRIAL STAIRS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-0320(6)(g)(A) D-8 437-004-0330(1)
(A) Trench or conduit covers and their supports must be able to stand a load of at
least 20,000 pounds if they are where vehicles can pass over them.
(B) Floor opening covers may be made of any material strong enough to handle the
load. Covers may project not more than 1-inch above the floor level if all edges are
beveled to an angle with the horizontal of not more than 30 degrees. All hinges,
handles, bolts, or other parts must be flush with the floor or cover surface.
(h) Skylight screens must be capable of withstanding a load of at least 200 pounds
applied perpendicularly on the screen. They must be strong enough that under ordinary
loads or impacts, they will not deflect downward sufficiently to break the glass below
them. Those with grillwork must have openings not more than 4 inches square. Those
of slatwork must have openings not more than 2 inches wide with length unrestricted.
(i) Wall opening barriers (rails, rollers, picket fences, and half doors) must be capable of
withstanding a load of at least 200 pounds applied in any direction (except upward) on
the top rail or corresponding member.
(j) Wall opening grab handles must be not less than 12 inches long and mounted to give
approximately 3 inches clearance from the side framing of the wall opening. The size,
material, and anchoring of the grab handle must be such that it can withstand a load of at
least 200 pounds applied in any direction.
(k) Wall opening screens must be able to withstand a load of at least 200 pounds applied
horizontally on the near side of the screen. They may be solid, grillwork with openings
not more than 8 inches long, or slatwork with openings not more than 4 inches wide with
length unrestricted.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0330 Fixed Industrial Stairs.
(1) Definitions. Unless otherwise stated, fixed industrial stair terms mean:
Handrail. A single bar or pipe supported on brackets from a wall or partition, and used
as a handhold for persons on stairs or ramps.
Nose, nosing. That part of a tread projecting beyond the face of the riser.
Open riser. The space between the treads of stairways without upright parts (risers).
Platform. An extended step or landing breaking a continuous run of stairs.
Railing. A vertical barrier along exposed sides of stairs and platforms to prevent people
from falling. The top rail usually serves as a handrail.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FIXED INDUSTRIAL STAIRS
D
437-004-0330 D-9 (1) – (5)
Rise. The vertical distance from the top of a tread to the top of the next higher tread.
Riser. The upright part of a step at the back of a lower tread and near the leading edge
of the next higher tread.
Stairs, stairway. A set of steps with three or more risers, from one level or floor to
another, or leading to platforms, pits or around machinery, tanks, and other equipment.
Tread. The horizontal part of a step.
Tread run. The horizontal distance from the leading edge of a tread to the leading edge
of an adjacent tread.
Tread width. The horizontal distance from front to back of tread including nosing.
(2) Application. This section has specifications for the safe design and construction of fixed
stairs. This includes interior and exterior stairs around machinery, tanks, and other
equipment, and stairs leading to or from floors, platforms, or pits. This section does not
apply to stairs used for fire exits, private residences or articulated stairs, the angle of which
changes with the rise and fall of the base support.
(3) Where fixed stairs are required. There must be fixed stairs where work requires
regular travel between floors or levels, and access to operating platforms at any equipment
that requires frequent attention. There also must be fixed stairs for daily access to
elevations or for access at each shift for such purposes as inspection, regular maintenance,
etc. There must be fixed stairs where work may expose employees to acids, caustics,
gases, or other harmful substances, or where employees normally must carry tools or
equipment by hand. (It is not the intent of this section to preclude using fixed ladders for
access to elevated tanks, towers, and similar structures, etc., where their use is common
practice.) Spiral stairs are not legal except for special limited use and secondary access
situations where it is not practical to provide a conventional stairway. Winding stairs are
acceptable on tanks and similar round structures where the diameter of the structure is at
least 5 feet.
(4) Stair strength. Fixed stairs must be able to carry a load of five times the normal live load
anticipated but never less than a moving concentrated load of 1,000 pounds.
(5) Stair width. Fixed stairs must be at least 22 inches wide.
D
FIXED INDUSTRIAL STAIRS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(6) – (10) D-10 437-004-0330
(6) Angle of stairway rise. Fixed stairs must be at angles to the horizontal of between
30 degrees and 50 degrees. Use any uniform combination of rise/tread dimensions that will
result in stairs at an angle to the horizontal between 30 degrees and 50 degrees. Table 1
gives rise/tread dimensions that will produce stairs within this range. However, other
allowable rise/tread combinations are possible.
Table 1
Angle to horizontal
Rise (in inches)
Tread run (in inches)
30°35'
32°08'
33°41'
35°16'
36°52'
38°29'
40°08'
41°44'
43°22'
45°00'
46°38'
48°16'
49°54'
6 1/2
6 3/4
7
7 1/4
7 1/2
7 3/4
8
8 1/4
8 1/2
8 3/4
9
9 1/4
9 1/2
11
10 3/4
10 1/2
10 1/4
10
9 3/4
9 1/2
9 1/4
9
8 3/4
8 1/2
8 1/4
8
(7) Stair treads. All treads must be slip-resistant and the nosings must be a nonslip finish.
Welded bar grating treads without nosings are acceptable if the leading edge can be readily
identified by people descending the stairs and if the tread is serrated or is of nonslip design.
Rise height and tread width must be uniform throughout any flight of stairs including any
foundation structure used as one or more treads of the stairs.
(a) Treads must not be loose. Replace or repair defective treads quickly.
(8) Stairway platforms. Stairway platforms must be no less than the width of the stairway
and a minimum of 30 inches long measured in the direction of travel.
(9) Railings and handrails. There must be standard railings on the open sides of exposed
stairs and stair platforms. There must be handrails on at least one side of closed stairs
preferably on the right side going down. Stair railings and handrails must comply with OAR
437-004-0320.
(10) Vertical clearance. Vertical clearance above any stair tread to an overhead obstruction
must be at least 6 1/2 feet measured from the leading edge of the tread.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
PORTABLE LADDERS
D
437-004-0340 D-11 (1)
437-004-0340 Portable Ladders.
(1) Definitions. Portable ladder terms mean:
Check. A lengthwise separation of the wood, most of which occurs across the rings of
annual growth.
Compression failure. A deformation (buckling) of the fibers due to excessive
compression along the grain.
Decay. Disintegration of wood substance due to action of wood-destroying fungi. It is
also known as dote and rot.
Extension ladder. A nonself-supporting portable ladder of adjustable length. It has two
or more sections that adjust to varied lengths.
Extension trestle ladder. An adjustable, self-supporting portable ladder made of a
trestle ladder base and a vertical extension section.
Ladder. A device with steps, rungs or cleats between rails, for people to climb up or
down.
Low density wood. Exceptionally light in weight and usually deficient in strength for the
species.
Platform ladder. A fixed length, self-supporting portable ladder with a platform at the
highest permissible standing level.
Platform. A landing surface for working or standing.
Reinforced plastic. A plastic made stronger than its base by the addition of high
strength fillers, usually fibers, fabrics or mats.
Section.
Bottom or base section. The lowest section of a nonself-supporting portable
ladder.
Middle or intermediate section. The section(s) between the top (fly) and bottom
(base) sections of a nonself-supporting portable ladder.
Top or fly section. The uppermost section of a nonself-supporting portable ladder.
Sectional ladder. A nonself-supporting, fixed length, portable ladder, with two or more
sections of ladder that may combine to work as a single ladder. Its size is the length of
the assembled sections.
D
PORTABLE LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(1) – (5)(b) D-12 437-004-0340
Shake. A separation along the grain, most of which occurs between the rings of annual
growth.
Single section ladder. A fixed length, nonself-supporting portable ladder made of one
section.
Stepladder. A fixed length, self-supporting portable ladder with a hinged back.
Top cap. The very top part of a stepladder.
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.
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.
Wane. Bark, or the lack of wood from any cause, on the corner of a piece.
Wood irregularities. Natural characteristics in or on wood that may lower its durability,
strength, or utility.
Working Load Rating. The maximum load authorized by the manufacturer for the
ladder.
(2) Application. This standard covers the selection, use and care of portable ladders
used in agriculture. It does not cover orchard ladders, special ladders, combination
step and extension ladders, aisle way stepladders, and shelf ladders.
(3) Ladder selection. Portable reinforced plastic (fiberglass) ladders must comply with
American National Standard A14.5-1992. Wood ladders must comply with American
National Standard A14.1-1994. Metal ladders must comply with American National Standard
A14.2-1990.
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.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
PORTABLE LADDERS
D
437-004-0340 D-13 (5)(c) – (7)(g)
(c) Replace frayed or badly worn rope.
(d) Safety feet and other auxiliary equipment must in good condition.
(e) Inspect ladders and remove from use any with defects. Ladders awaiting repair must
be tagged, “Dangerous, Do Not Use.”
(f) There can be no dents, breaks or bends in the side rails or rungs;
(g) Do not make ladders by fastening cleats across a single rail.
(h) Portable ladders must have nonslip bases.
(6) General requirements – portable stepladders.
(a) The minimum width between side rails at the top, inside to inside, must be not less
than 11 1/2 inches. From top to bottom, the side rails must spread at least 1-inch for
each foot of length of the stepladder.
(b) The bottoms of the four rails must have insulating nonslip material.
(c) There must be a metal spreader or locking device strong enough to hold the ladder
open. The spreader must have no sharp points or edges. For Type III ladders, the pail
shelf and spreader can be one unit (a shelf-lock ladder).
(7) Use – all ladders. Use ladders only for purposes approved or recommended by the
manufacturer.
(a) Do not load ladders beyond their working load rating. Do not allow more than one
person at a time on ladders not intended by the manufacturer to hold more than one
person.
(b) Do not use ladders in front of doors that open toward the ladder without blocking,
locking or guarding the door.
(c) Do not use ladders placed on boxes, barrels, or other unstable bases to obtain
additional height.
(d) Do not use ladders with broken or missing steps, rungs, or cleats, broken side rails,
or other faulty parts.
(e) Do not splice sections of short ladders together to make a long one.
(f) When used, metal reinforcers must be on the underside of rails of portable rung
ladders.
(g) A ladder for access to a roof must extend at least 3 feet above the top support point,
at the eave, gutter, or roof line.
D
PORTABLE LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(7)(h) – (8)(a)(C) D-14 437-004-0340
(h) Secure ladders as necessary when used on surfaces that may allow slipping or
movement. Use one of the following methods:
(A) non-slip bases on the ladder feet; or,
(B) steel points or safety shoes on the ladder feet, designed for the type of surface
the ladder is on; or
(C) nail the ladder to the floor, or set it against secured blocks or chocks.
NOTE: Non-slip bases are not a substitute for care in safely placing, lashing, or holding a ladder
on oily, metal, concrete, or slippery surfaces.
(i) Use portable ladders only on a surface that gives stable, level footing.
(j) The climber must face the ladder and have free use of both hands when climbing up
or down.
(k) Do not step or jump between erected ladders.
(l) There must be only one person at a time on a ladder unless its labeling specifically
allows use by more than one person.
(m) Do not use ladders as planks or bridges between walking surfaces or in other
horizontal applications.
(n) Do not use ladders to gain additional height from elevated surfaces like scaffolds,
truck beds, vehicle bodies, tractor scoops or boom truck buckets.
(o) Do not use metal ladders or wood ladders with vertical metal parts for electrical work
or where they may contact electric conductors. This type ladder must have markings
reading “WARNING – do not use around energized electrical equipment” or words of
equal meaning.
(8) Use of specific types of ladders.
(a) Portable stepladders. Do not use stepladders more than 20 feet long.
(A) Do not climb on the back section of the ladder unless it has steps meant for
climbing. Do not stand on the top step or top cap of stepladders.
(B) There must be only one person at a time on the ladder.
(C) Do not use stepladders in freestanding positions when not fully opened. Do not
use them as supports for working platforms or scaffolding planks.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
PORTABLE LADDERS
D
437-004-0340 D-15 (8)(b)(A) – (8)(b)(B)
(b) Portable rung ladders.
(A) Single ladder.
(i) Do not use single ladders more than 30 feet long.
(ii) Place these ladders at an angle shown in Figure 1.
(iii) The tops must be tied down or secured if there is a possibility of sliding or
movement.
(iv) Single ladders are acceptable as fixed ladders only when they comply with
437-004-0360.
(B) Two-section ladder.
(i) Do not use two-section extension ladders more than 60 feet long. All ladders
of this type must have two sections, one to fit within the side rails of the other, and
arranged so that the upper section will raise and lower.
(ii) Set up and use extension ladders so that the top section or fly is resting on the
bottom section or base. Rung locks must be in the proper position.
(iii) Place these ladders at an angle shown in Figure 1.
(iv) The tops must be tied down or secured if there is a possibility of sliding or
movement.
D
PORTABLE LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(8)(b)(B) – (8)(b)(D) D-16 437-004-0340
(v) On two-section extension ladders the minimum overlap for the two sections in
use must be as follows:
Size of Ladder (feet)
Overlap (feet)
Up to and including 36
Over 36 up to and including 48
Over 48 up to and including 80
3
4
5
C is the top support
E is the foot of the ladder
EB = 1/4 EC
Figure 1. Diagram of proper ladder pitch
(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.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
ORCHARD LADDERS
D
437-004-0350 D-17 Definition - (4)(a)
437-004-0350 Orchard Ladders.
Definition.
Orchard Ladder. A self-supporting portable tripod ladder of fixed length. It has two front
side rails and a single back support leg.
(1) Application. This covers the maintenance, use and care of orchard ladders.
(2) Maintenance.
(a) Each step of wooden orchard ladders must have these reinforcements:
(A) A steel rod not less than 0.160-inch in diameter, that passes through metal
washers big enough to prevent pressing into the side rails, and through a truss
block between the rod and the center of each step, or;
(B) A metal angle brace on each end firmly secured to the steps and side rails, or;
(C) Construction of equivalent strength and safety.
(b) If the ladder has rod reinforcement, the bottom step must also have a metal angle
brace on each end securely attached to the bottom step and side rails.
(c) All steps 27 inches or longer must have a metal angle brace at each end securely
attached to the step and rail.
(d) The minimum width between side rails at the highest step for standing, inside to
inside, is 9 1/2 inches. From top to bottom the side rails must spread at least an average
of 2 1/2 inches for each foot of ladder length.
(e) All orchard ladders must have a top with tightly secured wood or metal brackets or
fittings, side rails and back leg. The back leg must swing freely without excessive play or
wear at the joints.
(f) There must be no dents, breaks or bends in the side rails or rungs.
(3) Training.
(a) Prior to assigning an employee to work with orchard ladders, the employer must
assure that they have the necessary skills and knowledge to use the ladder safely, or;
(b) The employer must train new employees about the requirements of this standard and
the special procedures and cautions associated with using an orchard ladder.
(4) Use and care.
(a) Do not use orchard ladders longer than 16 feet.
D
ORCHARD LADDERS /
FIXED LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-0350(4)(b) D-18 437-004-0360(1)
(b) Do not use the top as a step.
(c) Do not allow more than one person at a time on ladders.
(d) Do not step or jump between two or more erected ladders.
(e) Do not use ladders to gain additional height from already elevated surfaces like
scaffolds, truck beds, vehicle bodies, tractor scoops or boom truck buckets.
(f) Inspect ladders before each use. Do not use any with defects, loose, warped, bent or
broken parts. Tag these ladders, “Dangerous, Do Not Use” until they are fixed.
(g) Do not use metal ladders or wood ladders with vertical metal parts for electrical work
or where they may contact electric conductors. This type ladder must have markings
reading “WARNING – do not use around energized electrical equipment” or words of
equal meaning.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0360 Fixed Ladders.
(1) Definitions. Fixed ladder terms mean:
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.
Cleats. Ladder cross-pieces of rectangular cross-section placed on edge on which a
person may step when climbing up or down.
Fastenings. A device to attach a ladder to a structure, building, or equipment.
Fixed ladder. A ladder permanently attached to a structure, building, or equipment.
Grab bars. Individual handholds adjacent to or as an extension above ladders to
provide access beyond the limits of the ladder.
Individual-rung ladder. A fixed ladder with each rung individually attached to a
structure, building, or equipment.
Ladder. A device with steps, rungs or cleats between rails, for people to climb up or
down.
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.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FIXED LADDERS
D
437-004-0360 D-19 (1) – (2)(a)(F)
Pitch. The included angle between the horizontal and the ladder, measured on the
opposite side of the ladder from the climbing side.
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.
Rungs. Ladder cross-pieces of circular or oval cross-section on which a person may
step when climbing up or down.
Side-step ladder. One from which a person getting off at the top must step sideways to
reach the landing.
Steps. The flat cross-pieces of a ladder on which a person may step when climbing up
or down.
Through ladder. A ladder from which a person getting off at the top must step through
side rails to reach the landing.
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.
(a) Design considerations. All ladders, appurtenances, and fastenings must meet
these load requirements:
(A) The minimum design live load must be a single concentrated load of 200 pounds.
(B) Design consideration must include the number and position of additional
concentrated live load units of 200 pounds each as determined from anticipated use.
(C) Consider the live loads caused by persons on the ladder to be concentrated at
such points as will cause the maximum stress in the structural member being under
evaluation.
(D) Use the weight of the ladder and attachments together with the live load when
designing rails and fastenings.
(E) All wood parts of fixed ladders must meet the requirements of OAR 437-004-
0340(3).
(F) For fixed ladders with wood side rails and wood rungs or cleats, used at an angle
between 75 degrees and 90 degrees, and intended for use by no more than one
person per section, single ladders in OAR 437-004-0340(8)(b)(A) are acceptable.
D
FIXED LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(a)(A) – (3)(d) D-20 437-004-0360
(3) Specific features.
(a) Rungs and cleats.
(A) All rungs must have a minimum diameter of 3/4-inch for metal ladders, except as
in paragraph OAR 437-004-0360(3)(g) 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 2. - Suggested design for rungs on individual-rung ladders.
(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.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FIXED LADDERS
D
437-004-0360 D-21 (3)(e) – (4)(a)
(e) Electrolytic action. Protect dissimilar metals from electrolytic action when they are
joined.
(f) Welding. All welding must be according to the “Code for Welding in Building
Construction” (AWSD1.0-1966).
(g) Protection from deterioration. Paint or treat metal ladders and attachments to
resist corrosion and rusting when necessary. Ladders with individual metal rungs
imbedded in concrete, that serve as access to pits and to other areas under floors,
must have rungs with a minimum diameter of 1-inch or paint or treatment to resist
corrosion and rusting.
(4) Clearance.
Figure 3. - Rail Ladder With Bar Steel Rails and Round Steel Rungs
(a) Climbing side. On fixed ladders, the perpendicular distance from the centerline of
the rungs to the nearest permanent object on the climbing side of the ladder must be
36 inches for a pitch of 76 degrees, and 30 inches for a pitch of 90 degrees (Figure 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.
D
FIXED LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(b) – (4)(f) D-22 437-004-0360
(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.
Minimum Ladder Clearances
Figure 4. - Clearance for Unavoidable Obstruction at Rear of Fixed Ladder
(e) Clearance in back of grab bar. The distance from the centerline of the grab bar to
the nearest permanent object in back of the grab bars must be not less than 4 inches.
Grab bars must not protrude on the climbing side beyond the rungs of the ladder that
they serve.
(f) Step-across distance. The step-across distance from the nearest edge of the ladder
to the nearest edge of equipment or structure must be not more than 12 inches, or less
than 2 1/2 inches (Figure 5).
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FIXED LADDERS
D
(4)(f) Figure 5 –
437-004-0360 D-23 (4)(g) Figure 6
Figure 5. - Ladder Far from Wall
(g) Hatch cover. Counterweighted hatch covers must open a minimum of 60 degrees
from the horizontal. The distance from the centerline of rungs or cleats to the edge of
the hatch opening on the climbing side must be not less than 24 inches for offset wells
or 30 inches for straight wells. There must be no protruding potential hazards within
24 inches of the centerline of rungs or cleats; any such hazards within 30 inches of the
centerline of the rungs or cleats must have deflector plates at an angle of 60 degrees
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 6. - Deflector Plates for Head Hazards
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FIXED LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(g) Figure 7 – (5)(a)(B) D-24 437-004-0360
Figure 7. – Relationship of Fixed Ladder to a Safe Access Hatch
(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.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FIXED LADDERS
D
(5)(a)(B) Figure 8 –
437-004-0360 D-25 (5)(a)(F)
(ii) When using a ladder climbing safety system the ladder must have rest
platforms at least every 150 feet (except chimneys).
Figure 8. - Clearance Diagram for Fixed Ladder in Well
(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 center line
of the rungs of the ladder. Cages must not be less than 27 inches in width. The
inside must be clear of projections. Vertical bars must be at a maximum spacing of
40 degrees around the circumference of the cage; this will give a maximum spacing
of approximately 9 1/2 inches, center to center.
(F) Ladder wells must have a clear width of at least 15 inches measured each way
from the center line of the ladder. Smooth-walled wells must be a minimum of
27 inches from the center line of rungs to the well wall on the climbing side of the
ladder. Where other obstructions on the climbing side of the ladder exist, there must
be a minimum of 30 inches from the centerline of the rungs.
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FIXED LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(a)(F) Figure 9 –
(5)(a)(F) Figure 10 D-26 437-004-0360
Figure 9. – Cages for Ladders More Than 24 Feet High
Figure 10. – Cages – Special Applications
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FIXED LADDERS
D
437-004-0360 D-27 (5)(b)(A) – (5)(c) Figure 11
(b) Landing platforms.
(A) Where a person has to step a distance more than 12 inches from the center line
of the rung of a ladder to the nearest edge of a structure or equipment, there must
be a landing platform. The minimum step-across distance is 2 1/2 inches.
(B) All landings must have standard railings and toeboards, that give safe access to
the ladder. Platforms must be not less than 24 inches wide and 30 inches long.
(C) One rung of any section of ladder must be at the level of the landing laterally
served by the ladder. Where access to the landing is through the ladder, the 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 stepladder extensions must
extend 3 1/2 feet above parapets and landings. For through ladder extensions, omit
the rungs from the extension. There must be not less than 18 nor more than 24 inches
clearance between rails. For side step or offset fixed ladder sections, at landings, the
side rails and rungs must extend to the next regular rung beyond or above the 3 1/2-foot
minimum (Figure 11).
Figure 11. – Offset Fixed Ladder Sections
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FIXED LADDERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(d) – (7) D-28 437-004-0360
(d) Grab bars. Space grab bars by a continuation of the rung spacing when they are
horizontal. Vertical grab bars must have the same spacing as the ladder side rails.
Grab bar diameters must be the equivalent of the round rung diameters.
(6) Pitch.
(a) Preferred pitch. The preferred pitch of fixed ladders is between 75 degrees and
90 degrees with the horizontal (Figure 12).
Figure 12. - Pitch of Fixed Ladders
(b) Substandard pitch. Fixed ladders are substandard if they are between 60 degrees
and 75 degrees with the horizontal. Substandard fixed ladders are allowed only where
necessary to meet conditions of installation.
(c) Scope of coverage in this section. This section covers only fixed ladders between
60 degrees and 90 degrees with the horizontal.
(d) Pitch more than 90 degrees. No ladder may be more than 90 degrees with the
horizontal.
(7) Maintenance. All ladders must be in safe condition. Inspect ladders at intervals
determined by use and exposure.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SCAFFOLDING
D
437-004-0370 D-29 (1) – (2)
437-004-0370 Scaffolding.
(1) Scope. This section has safety requirements for scaffolds.
(2) Definitions. Scaffolding terms mean:
Bearer. A horizontal part of a scaffold on which the platform rests and which may use
ledgers as support.
Boatswain’s chair. A seat supported by slings attached to a suspended rope, designed
to accommodate one worker in a sitting position.
Brace. A tie that holds one scaffold part in a fixed position with respect to another.
Crawling board or chicken ladder. A plank with cleats spaced and secured at equal
intervals, for use on roofs, not designed to carry any material.
Double pole or independent pole scaffold. A scaffold supported from the base by
a double row of uprights, independent of support from the walls and constructed of
uprights, ledgers, horizontal platform bearers, and diagonal bracing.
Guardrail. A rail secured to uprights that run along the exposed sides and ends of
platforms.
Heavy duty scaffold. A scaffold built to carry a working load of not more than
75 pounds per square foot.
Horse scaffold. A scaffold for light or medium duty, made of horses supporting a work
platform.
Ladder jack scaffold. A light duty scaffold supported by brackets attached to ladders.
Ledger (stringer). A horizontal scaffold member that extends from post to post and
supports the putlogs or bearer forming a tie between the posts.
Light duty scaffold. A scaffold built to carry a working load not more than 25 pounds
per square foot.
Manually propelled mobile scaffold. A portable rolling scaffold mounted on casters.
Maximum intended load. The total of all loads including the working load, the weight of
the scaffold, and such other loads as may be reasonably anticipated.
Medium duty scaffold. A scaffold built to carry a working load not more than 50 pounds
per square foot.
Midrail. A rail approximately midway between the guardrail and platform and secured to
the uprights along the exposed sides and ends of platforms.
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SCAFFOLDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(2) – (3)(g) D-30 437-004-0370
Putlog. A scaffold part on which the platform rests.
Roofing bracket. A bracket used in sloped roof construction. It has a way for fastening
to the roof or is supported by ropes fastened over the ridge and secured to some suitable
object.
Runner. The lengthwise horizontal bracing or bearing parts or both.
Scaffold. Any temporary elevated platform and its supporting structure used for
supporting workers or materials or both.
Single pole scaffold. Platforms resting on putlogs or crossbeams, the outside ends of
which are on ledgers secured to a single row of posts or uprights and the inner ends of
which are on or in a wall.
Toeboard. A barrier secured along the sides and ends of a platform, to keep material
from falling.
Tubular welded frame scaffold. A sectional, panel, or frame metal scaffold made of
prefabricated welded sections, that has posts and bearers with intermediate connecting
members, braced with diagonal or cross braces.
Working load. Load imposed by workers, material and equipment.
(3) General requirements for all scaffolds.
(a) The footing or anchorage for scaffolds must be sound, rigid, and able to carry the
maximum intended load without settling or displacement. Do not use unstable objects
such as barrels, boxes, loose brick, or concrete blocks to support scaffolds or planks.
(b) Scaffolds and their components must be able to support at least four times the
maximum intended load.
(c) Scaffolds and other devices mentioned here must be in safe condition. Do not alter
or move an occupied stationary scaffold.
(d) Remove from use any damaged or weakened scaffold until repairs are done.
(e) Do not overload scaffolds. Follow manufacturers’ instructions.
(f) Loaded planks or platforms must not deflect more than 1/60th of the span (2 inches in
10 feet).
(g) Nails or bolts used to make scaffolds must be strong enough and in sufficient
numbers at each connection to assure the designed strength of the scaffold. Do not
subject nails to a straight pull. Drive all nails completely.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SCAFFOLDING
D
437-004-0370 D-31 (3)(h) – (4)(b)
(h) Overlap all planking or platforms (minimum 12 inches) or secure them from
movement.
(i) There must be a ladder or equivalent safe access.
(j) Scaffold planks must extend over their end supports not less than 6 inches nor more
than 18 inches.
(k) The poles, legs, or uprights of scaffolds must be plumb, and securely and rigidly
braced to prevent swaying and displacement.
(l) Use a tag line when hoisting materials onto a scaffold.
(m) There must be overhead protection for employees exposed to overhead hazards.
(n) If persons work or pass under the scaffolds there must be a screen between the
toeboard and the guardrail, along the entire opening. The screen must be No. 18 gauge
U.S. Standard Wire 1/2-inch mesh or the equivalent.
(o) Employees must not work on scaffolds during storms or high winds.
(p) Employees must not work on scaffolds covered with ice or snow or that have slippery
surfaces.
(q) Accumulations of tools, materials, and debris must not cause a hazard.
(r) Wire or fiber rope for scaffold suspension must be able to support at least six times
the intended load.
(s) Do not use shore scaffolds or lean-to scaffolds.
(t) Lumber sizes, used here, refer to nominal sizes except where otherwise stated.
(u) Use anchor bolts, reveal bolts, or other equivalent means to secure scaffolds to
permanent structures. Do not use window cleaners’ anchor bolts.
(v) Take special precautions to protect scaffold members, including any wire or fiber
ropes, when using a heat-producing process.
(4) General requirements for wood pole scaffolds.
(a) Scaffold poles must be plumb and on a foundation that prevents settling.
(b) Where wood poles are spliced, the ends must be square and the upper section must
rest squarely on the lower section. There must be wood splice plates, at least 4 feet
long, on at least two adjacent sides and overlapping the abutted ends equally. These
plates must be the same width as the pole. Splice plates of other materials of equivalent
strength are acceptable.
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SCAFFOLDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(c) – (4)(o) D-32 437-004-0370
(c) Set independent pole scaffolds as near to the wall of the building as practicable.
(d) Guy or tie pole scaffolds to the building or structure. If they are more than 25 feet
high or long, secure them at intervals not more than 25 feet vertically and horizontally.
(e) Set putlogs or bearers with their greater dimensions vertical, long enough to project
over the ledgers of the inner and outer rows of poles at least 3 inches for proper support.
(f) Reinforce every wooden putlog on single pole scaffolds with a 3/16 x 2-inch steel strip
or equivalent secured to its lower edge throughout its length.
(g) Ledgers must be long enough to extend over two pole spaces. Do not splice ledgers
between the poles. Reinforce ledgers with bearing blocks securely nailed to the side of
the pole to form a support for the ledger.
(h) Use diagonal bracing to prevent the poles from moving in a direction parallel with the
wall of the building, or from buckling.
(i) Use cross bracing between the inner and outer sets of poles in independent pole
scaffolds. Cross brace the free ends of pole scaffolds.
(j) There must be full diagonal face bracing across the entire face of pole scaffolds in
both directions. Splice the braces at the poles.
(k) Lay platform planks with their edges close together so the platform will be tight with
no spaces through which tools or material can fall.
(l) When lapped, each plank must lap its end supports at least 12 inches. Where the
ends of planks abut each other to form a flush floor, the butt joint must be at the
centerline of a pole. Rest abutted ends on separate bearers. Use intermediate beams
where necessary to prevent dislodgment of planks due to deflection. Nail or cleat the
ends to prevent their dislodgment.
(m) When a scaffold turns a corner, lay the platform planks to prevent tipping. The
planks that meet the corner putlog at an angle must be laid first, extending over the
diagonally placed putlog far enough to have a safe bearing, but not far enough to
involve any danger from tipping. The planking running in the opposite direction at
right angles must be laid to extend over and rest on the first layer of planking.
(n) When moving platforms to the next level, leave the old platform undisturbed until the
new putlogs or bearers are in place.
(o) Install guardrails, 2 x 4 inches or the equivalent, between 36 inches and 42 inches
high at all open sides on all scaffolds more than 10 feet above the ground or floor. The
midrail, when required, must be 1 x 4-inch lumber or equivalent, and there must be
toeboards at least 4 inches high. Use wire mesh according to paragraph OAR 437-004-
0370(3)(n).
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SCAFFOLDING
D
437-004-0370 D-33 (4)(p) – (4)(p) Table 2
(p) All wood pole scaffolds 60 feet or less in height must be built according to tables 1
through 6. If they are more than 60 feet high, a registered professional engineer must
design them. A copy of the typical drawings and specifications must be available to the
employer and for inspection purposes.
Table 1 – Minimum Nominal Size and Maximum Spacing of Members of
Single Pole Scaffolds – Light Duty
Maximum height of scaffold
20 feet
60 feet
Uniformly distributed load
Poles or uprights
Poles spacing (longitudinal)
Maximum width of scaffold
Bearers or putlogs to 3 ft. 0 in width
Bearers or putlogs to 5 ft. 0 in width
Ledgers
Planking
Vertical spacing of horizontal members
Bracing, horizontal and diagonal
Tie-ins
Toeboards
Guardrail
Not to exceed 25 pounds
per square foot.
2 by 4 in
6 ft. 0 in
5 ft. 0 in
2 by 4 in
2 by 6 in. or 3 by 4 in
1 by 4 in
1 1/4 by 9 in (rough)
7 ft. 0 in.
1 by 4 in
1 by 4 in
4 in high (minimum)
2 by 4 in
4 by 4 in.
10 ft. 0 in.
5 ft. 0 in.
2 by 4 in.
2 by 6 in. or
3 by 4 in. (rough)
1 1/4 by 9 in.
2 by 9 in.
7 ft. 0 in.
1 by 4 in.
1 by 4 in.
4 in. high (minimum)
2 by 4 in.
Use all members on their edge, except planking.
Table 2 – Minimum Nominal Size and Maximum Spacing of Members of
Single Pole Scaffolds – Medium Duty
Uniformly distributed load
Maximum height of scaffold
Poles or uprights
Pole spacing (longitudinal)
Maximum width of scaffold
Bearers or putlogs
Spacing of bearings or putlogs
Ledgers
Vertical spacing of horizontal members
Bracing, horizontal
Bracing, diagonal
Tie-ins
Planking
Toeboards
Guardrails
Not more than 50 pounds per square foot.
60 ft.
4 by 4 in.
8 ft. 0 in.
5 ft. 0 in.
2 by 9 in. or 3 by 4 in.
6 ft. 0 in.
2 by 9 in.
9 ft. 0 in.
1 by 6 in. or 1 by 4 in.
1 by 4 in.
1 by 4 in.
2 by 9 in.
4 in high (minimum)
2 by 4 in.
Use all members on their edge, except planking.
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SCAFFOLDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(p) Table 3 –
(4)(p) Table 4 D-34 437-004-0370
Table 3 – Minimum Nominal Size and Maximum Spacing of Members of
Single Pole Scaffolds – Heavy Duty
Uniformly distributed load
Maximum height of scaffold
Poles or uprights
Pole spacing (longitudinal)
Maximum width of scaffold
Bearers or putlogs
Spacing of bearings or putlogs
Ledgers
Vertical spacing of horizontal members
Bracing, horizontal
Tie-ins
Planking
Toeboards
Guardrails
Not more than 75 pounds per square foot.
60 ft.
4 by 4 in.
6 ft. 0 in.
5 ft. 0 in.
2 by 9 in. or 3 by 4 in. (rough)
6 ft. 0 in.
2 by 9 in.
6 ft. 6 in.
2 by 4 in.
1 by 4 in.
2 by 9 in.
4 in high (minimum)
2 by 4 in.
Use all members on their edge, except planking.
Table 4 – Minimum Nominal Size and Maximum Spacing of Members of
Independent Pole Scaffolds – Light Duty
Maximum height of scaffold
20 feet
60 feet
Uniformly distributed load
Poles or uprights
Poles spacing (longitudinal)
Poles spacing (transverse)
Ledgers
Bearers or putlogs to 3 ft. 0 in width
Bearers or putlogs to 10 ft. 0 in width
Planking
Vertical spacing of horizontal members
Bracing, horizontal and diagonal
Tie-ins
Toeboard
Guardrail
Not to exceed 25 pounds
per square foot.
2 by 4 in
6 ft. 0 in
6 ft. 0 in.
1 1/4 by 4 in
2 by 4 in
2 by 6 in. or 3 by 4 in
1 1/4 by 9 in
7 ft. 0 in.
1 by 4 in
1 by 4 in
4 in high
2 by 4 in
4 by 4 in.
10 ft. 0 in.
10 ft. 0 in
1 1/4 by 9 in.
2 by 4 in.
2 by 9 in. (rough) or
3 by 8 in.
2 by 9 in.
7 ft. 0 in.
1 by 4 in.
1 by 4 in.
4 in. high (minimum)
2 by 4 in.
Use all members on their edge, except planking.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SCAFFOLDING
D
437-004-0370 D-35 (4)(p) Table 5 – (5)(c)
Table 5 – Minimum Nominal Size and Maximum Spacing of Members of
Independent Pole Scaffolds – Medium Duty
Uniformly distributed load
Maximum height of scaffold
Poles or uprights
Pole spacing (longitudinal)
Pole spacing (transverse)
Ledgers
Vertical spacing of horizontal members
Spacing of bearings
Bearers
Bracing, horizontal
Bracing, diagonal
Tie-ins
Planking
Toeboards
Guardrails
Not to exceed 50 pounds per square foot.
60 ft.
4 by 4 in.
8 ft. 0 in.
8 ft. 0 in.
2 by 9 in.
6 ft. 0 in.
8 ft. 0 in.
2 by 9 in. (rough) or 2 by 10 in.
1 by 6 in. or 1 1/4 by 4 in.
1 by 4 in.
1 by 4 in.
2 by 9 in.
4 in high (minimum)
2 by 4 in.
Use all members on their edge, except planking.
Table 6 – Minimum Nominal Size and Maximum Spacing of Members of
Independent Pole Scaffolds – Heavy Duty
Uniformly distributed load
Maximum height of scaffold
Poles or uprights
Pole spacing (longitudinal)
Pole spacing (transverse)
Ledgers
Vertical spacing of horizontal members
Bearers
Bracing, horizontal and diagonal
Tie-ins
Planking
Toeboards
Guardrails
Not to exceed 75 pounds per square foot.
60 ft.
4 by 4 in.
6 ft. 0 in.
6 ft. 0 in.
2 by 9 in.
4 ft. 6 in.
2 by 9 in. (rough)
2 by 4 in.
1 by 4 in.
2 by 9 in.
4 in high (minimum)
2 by 4 in.
Use all members on their edge, except planking.
(5) Tubular welded frame scaffolds.
(a) Metal tubular frame scaffolds, including accessories such as braces, brackets,
trusses, screw legs, ladders, etc., must be able to safely support four times the maximum
intended load.
(b) Spacing of panels or frames must be consistent with the loads imposed.
(c) Scaffolds must have cross bracing or diagonal braces, or both, to secure vertical
members together laterally. The cross braces must be long enough to automatically
square and aline vertical members so that the erected scaffold is always plumb, square,
and rigid. All brace connections must be secure.
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SCAFFOLDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(d) - (6)(b) D-36 437-004-0370
(d) Scaffold legs must be on adjustable bases or plain bases on mud sills or other
foundations adequate to support the maximum intended load.
(e) The frames must be one on top of the other with coupling or stacking pins to provide
proper vertical alignment of the legs.
(f) Where uplift may occur, lock panels together vertically with pins or other equivalent
means.
(g) Install guardrails, 2 x 4 inches or the equivalent, between 36 inches and 42 inches
high at all open sides on all scaffolds more than 10 feet above the ground or floor. The
midrail, when required, must be 1 x 4-inch lumber or equivalent, and there must be
toeboards at least 4 inches high. Use wire mesh according to paragraph OAR 437-004-
0370(3)(n).
(h) All tubular metal scaffolds must be able to support four times the maximum intended
loads.
(i) To prevent movement, secure the scaffold to the building or structure at intervals not
more than 30 feet horizontally and 26 feet vertically.
(j) Maximum permissible spans of planking must conform with paragraph OAR 437-004-
0370(3)(g).
(k) A registered professional engineer must design drawings and specifications for frame
scaffolds more than 125 feet high above the base plates. Copies must be available to
the employer and for inspection purposes.
(l) Only competent and experienced personnel may set up tubular welded frame
scaffolds.
(m) Frames and accessories for scaffolds must be in good repair. Remove them from
use until they have no defects, unsafe conditions and are in compliance with this section.
Do not use any broken, bent, excessively rusted, altered, or otherwise structurally
damaged frames or accessories.
(n) Make periodic inspections of all welded frames and accessories. Complete any
maintenance, including painting, or minor corrections recommended by the
manufacturer, before further use.
(6) Boatswain’s chairs.
(a) The chair seat must be not less than 12 by 24 inches, and 1-inch thick. Use a seat
with reinforcement on the underside to prevent the board from splitting.
(b) The two seat slings must be 5/8-inch diameter fiber rope or equivalent, reeved
through the four seat holes to cross each other on the underside of the seat.
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SCAFFOLDING
D
437-004-0370 D-37 (6)(c) – (8)(a)
(c) Seat slings must be at least 3/8-inch wire rope when a worker is using a heat
producing process such as gas or arc welding.
(d) Protect the worker with a safety life belt and lifeline attached to substantial members
of the structure (not the scaffold), or to securely rigged lines, that will safely suspend the
worker in case of a fall.
(e) The tackle must have the correct size ball bearing or bushed blocks and properly
spliced 5/8-inch diameter first-grade manila or equivalent.
(f) The roof irons, hooks, or the object to which the tackle is anchored must be secure.
Tiebacks, when used, must be at right angles to the face of the building and securely
fastened to a substantial anchor point.
(7) Horse scaffolds.
(a) Horse scaffolds must not be more than two tiers or 10 feet high.
(b) The members of the horses must be not less than those in Table 7.
Table 7
Minimum Dimensions for Horse Scaffold Members
Members
Dimensions (inches)
Horizontal members or bearers
Legs
Longitudinal brace between legs
Gusset brace at top of legs
Half diagonal braces
3 by 4
1 1/4 by 4 1/2
1 by 6
1 by 8
1 1/4 by 4 1/2
(c) Space horses not more than 5 feet for medium duty and not more than 8 feet for light
duty.
(d) When arranged in tiers, each horse must be directly over the horse in the tier below.
(e) On all scaffolds arranged in tiers, nail the legs to the planks to prevent displacement
or thrust and cross brace each tier.
(f) Do not use horses or parts that are weak or defective.
(g) Install guardrails, 2 x 4 inches or the equivalent, between 36 inches and 42 inches
high at all open sides on all scaffolds more than 10 feet above the ground or floor. The
midrail, when required, must be 1 x 4-inch lumber or equivalent, and there must be
toeboards at least 4 inches high. Use wire mesh according to paragraph OAR 437-004-
0370(3)(n).
(8) Ladder-jack scaffolds.
(a) All ladder-jack scaffolds are only for light duty and may not be more than 20 feet
above the floor or ground.
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SCAFFOLDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(8)(b) – (11)(a) D-38 437-004-0370
(b) All ladders used with ladder-jack scaffolds must be heavy-duty and designed and
constructed according to 437-004-0340. Do not use stepladders.
(c) The ladder jack must bear on the side rails in addition to the ladder rungs, or if
bearing on rungs only, the bearing area must be at least 10 inches on each rung.
(d) To prevent slipping, use special devices, secure placement or anchor ladders used
with ladder jacks.
(e) The wood platform planks must be not less than 2 inches (nominal) thick. Both metal
and wood platform planks must overlap the bearing surface not less than 12 inches. The
span between supports for wood must be not more than 8 feet. The platform must be at
least 18 inches wide.
(f) Not more than two persons may be on any given 8 feet of a ladder-jack scaffold at one
time.
(9) Roofing brackets.
(a) Roofing brackets must fit the pitch of the roof.
(b) Nail brackets in place in addition to using the pointed metal projections. Drive the
nails all the way into the roof. When using rope supports, they must be first-grade manila
of at least 3/4-inch diameter, or equivalent.
(c) A substantial catch platform must be below the working area of roofs more than
20 feet from the ground to eaves with a slope more than 3 inches in 12 inches and no
parapet. In width the platform must extend 2 feet beyond the projection of the eaves
and have a safety rail, midrail, and toeboard that complies with OAR 437-004-1020.
This does not apply where employees are using a personal fall protection system.
(10) Crawling boards or chicken ladders.
(a) Crawling boards must be not less than 10 inches wide and 1-inch thick, with 1 x
1 1/2 inch cleats. The cleats must be equal in length to the width of the board and
spaced at equal intervals not more than 24 inches. Drive nails through and clinch them
on the underside. The crawling board must extend from the ridge pole to the eaves
when used with roof construction, repair, or maintenance.
(b) A firmly fastened lifeline of at least 3/4-inch rope must be strung beside each crawling
board for a handhold.
(c) Use adequate ridge hooks or equivalent effective means to secure crawling boards to
the roof.
(11) Manually propelled mobile scaffolds.
(a) The height of free-standing mobile scaffold towers must not be more than four times
the smallest base dimension.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SCAFFOLDING / MANUALLY
PROPELLED MOBILE LADDER
STANDS & SCAFFOLDS (TOWERS)
D
437-004-0370(11)(b) D-39 437-004-0380
(b) Casters must be able to support four times the maximum intended load. All casters
must have a positive locking device.
(c) Scaffolds must have cross bracing and horizontal bracing.
(d) Platforms must have tight planking for the full width of the scaffold except for
necessary entrance opening. Platforms must not be free to move.
(e) There must be a fixed or built-in ladder or stairway for access and exit.
(f) Move the mobile scaffold by force applied near or as close to the base as practicable.
Keep the scaffold stable during movement. Move scaffolds only on level floors with no
obstructions or openings.
(g) Workers may not ride on manually propelled scaffolds unless the following conditions
exist:
(A) The floor or surface is within 3 degrees of level, and free from pits, holes, or
obstructions;
(B) The smallest dimension of the scaffold base is at least one-half of the height. If it
has outriggers, they must be on both sides of the staging;
(C) The wheels have rubber or similar resilient tires.
(h) Scaffolds must rest upon a suitable footing and be plumb. Lock the casters or wheels
to prevent unintended movement.
(i) Guardrails made of lumber, not less than 2 X 4 inches (or other material providing
equivalent protection), between 39 and 42 inches high, with a midrail and toeboards,
must be on all open sides and ends of scaffolds more than 10 feet above the ground or
floor. Toeboards must be at least 4 inches high. If people may pass under the scaffold,
use wire mesh between the toeboard and top of the guardrail.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0380 Manually Propelled Mobile Ladder Stands and Scaffolds
(Towers).
Standards for the use of mobile work platforms and scaffolds are found in Division 2,
Subdivision D, 1910.29 which applies to agricultural places of employment.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
D
OTHER WORKING SURFACES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
END OF DOCUMENT –
(1)(a) – (3)(b) D-40 437-004-0390
437-004-0390 Other Working Surfaces.
(1) Dockboards (bridge plates).
(a) Use bridge plates over any gap of more than 4 inches between two surfaces.
(b) Portable and powered dockboards must be strong enough to carry the load imposed
on them.
(c) Anchor portable dockboards or use devices that prevent them from slipping.
(d) Powered dockboards must comply with Commercial Standard CS202-56 (1961)
“Industrial Lifts and Hinged Loading Ramps” published by the U.S. Department of
Commerce.
(e) Portable dockboards must have handholds or other ways to allow safe handling.
(f) There must be positive protection to prevent railroad cars from moving while
dockboards or bridge plates are in position.
(g) Bridgeplates must be able to carry four times the heaviest expected load.
(h) Bridgeplates must sit evenly on the surface at each end. Repair or replace plates
that teeter or rock.
(2) Floors.
(a) Floors, floor supports, and required appurtenances must be in good repair.
(b) Floors must not be slippery.
(3) Ramps and runways.
(a) Ramps and runways must be in safe condition.
(b) Ramps and runways for vehicles must be wide enough and have an even surface.
They must have timber guards of not less than nominal 6-inch by 6-inch material set on
nominal 3-inch blocks, or the equivalent, secured to the sides of the ramp or runway.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EXITS/PLANS
E
Subdivision E E-i Table of Contents
TABLE OF CONTENTS
437-004-0405 Exits and Emergency Action Plan .............................................................. E-1
(1) Application .................................................................................................................. E-1
(2) Definitions .................................................................................................................. E-1
(3) General....................................................................................................................... E-1
(4) Design ........................................................................................................................ E-1
(5) Marking ....................................................................................................................... E-2
(6) Special situations ....................................................................................................... E-2
437-004-0450 Emergency Action Plan .............................................................................. E-2
E
Oregon Administrative Rules
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and Health Division
E-ii
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EXITS/PLANS
E
437-004-0405 E-1 (1) – (4)(f)
437-004-0405 Exits and Emergency Action Plan.
(1) Application. This does not apply to agricultural labor housing, agricultural buildings or
mobile workplaces, such as vehicles or vessels. This applies to non-agricultural type
buildings like offices and warehouses where employees spend most of their work time.
(2) Definitions.
Exit. The part of the exit route, separate from other areas, that is a protected way out of
a work area.
Exit route. A continuous, unobstructed path from anywhere in a work area to a safe
outside place. Exit routes are three dimensional.
(3) General.
(a) There must be permanent, unobstructed exit routes to get out of work areas safely
during emergencies.
(b) There must be two or more exit routes depending on the size and layout of the work
area and the number of people involved. A single exit route is acceptable only if all
workers can get out through it safely during an emergency. Locate multiple exit routes
apart from each other.
(4) Design.
(a) There must be a clear and unobstructed access and exit to any location more than
4 feet above or below the floor. Access may be by a ladder, stairs or ramp that complies
with these standards.
(b) There must be unobstructed access to exit routes.
(A) Exit routes must not pass through or into lockable rooms or dead ends.
(B) Exit routes must be mostly level or have stairs or ramps.
(c) Exits must open from the inside without keys, tools or special knowledge. Devices
that lock only from the outside are acceptable. There must be nothing on an exit door
that could hinder its use during an emergency.
(d) An exit route must be able to handle the maximum number of persons allowed in the
area it serves. Exit capacity must not decrease if the direction of travel changes.
(e) Exit routes must be at least 6 feet 8 inches high at all points.
(f) Exit routes must be at least 28 inches wide between handrails and wider if needed to
handle the expected occupant load.
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EXITS/PLANS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-0405(4)(g) E-2 437-004-0450(2)(c)
(g) Nothing can project into an exit route that reduces its minimum height or width.
(h) Exit routes must minimize danger to workers during emergencies.
(i) Exit routes must have adequate lighting.
(5) Marking.
(a) There must be exit signs at all emergency exits, except those that are obviously and
clearly identifiable. Install additional directional signs to exits where necessary.
(b) If workers could mistake a nonexit for an exit, mark it, “Not an Exit” or mark it to
indicate its real use.
(6) Special situations.
(a) Exit doors serving hazardous areas must swing in the direction of exit and open in a
way that does not obstruct exit passageways. Do not allow anything to obstruct or
prevent the use of an exit. During fire or panic, it must be easy to open all escape exit
doors and windows from the inside.
(b) Rooms subject to extremes in temperature or with toxic atmospheres must have at
least one door that opens from the inside. If this door is lockable from the outside,
lighting and a set of instructions for opening the door must be inside the room on or near
the door. It must be easy to find equipment needed to open the door from the inside.
Also, inside the room there must be a way to communicate or a control that operates an
alarm outside the building, or if other employees are on duty 24 hours a day, outside the
room.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
437-004-0450 Emergency Action Plan.
(1) The plan must be in writing, be kept in the workplace and be available to employees.
Employers with fewer than 11 permanent, year-around workers may have a verbal plan.
(2) An emergency action plan must include:
(a) Procedures for reporting a fire or other emergency;
(b) Procedures for emergency operation or shut down of critical equipment;
(c) Procedures for rescue and medical duties; and,
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EXITS/PLANS
E
END OF DOCUMENT –
437-004-0450 E-3 (2)(d) – (4)(c)
(d) Names or job titles of employees to contact to get more information about the duties
of employees under the plan.
(3) There must be a communication system to alert employees or an employee alarm system
with a distinctive signal for each purpose.
(4) The employer must review the emergency action plan with each covered employee:
(a) When the plan is new or the employee is new to the job;
(b) When the employee’s responsibilities under the plan change; and,
(c) When the plan changes.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
E
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Oregon Occupational Safety
and Health Division
E-4
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MANLIFTS
F
Subdivision F F-i Table of Contents
TABLE OF CONTENTS
437-004-0570 Manlifts ....................................................................................................... F-1
(1) Application .................................................................................................................. F-1
(2) Definitions .................................................................................................................. F-1
(3) General requirements ................................................................................................ F-1
(4) Mechanical requirements ........................................................................................... F-5
(5) People only................................................................................................................. F-8
(6) Periodic inspection ..................................................................................................... F-8
F
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
F-ii
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MANLIFTS
F
437-004-0570 F-1 (1) – (3)(b)(A)
437-004-0570 Manlifts.
(1) Application. Manlifts covered here have platforms or brackets and handholds mounted
on or attached to an endless belt that runs vertically in one direction only. Its support and
drive are through top and bottom pulleys. Manlifts are for moving people only. This does not
cover moving stairways, elevators with enclosed platforms (“Paternoster” elevators), gravity
lifts nor conveyors used only to convey material.
(2) Definitions.
Closed type. A cup-shaped device, open at the top in the direction of travel, and closed
at the bottom.
Handhold (Handgrip). A device attached to the belt for the passenger to hold.
Limit switch. A device to cut off the power to the motor and apply the brake to stop the
carrier when a loaded step passes the terminal landing.
Manlift. A power-driven endless belt moving only in one direction and with steps or
platforms and handholds for the transportation of personnel from floor to floor.
Open type. One with a fully exposed handgrip surface that can be encircled by the
passenger’s fingers.
Rated speed. The designed speed of the device.
Split-rail switch. An electric limit switch operated mechanically by the rollers on the
manlift steps. It has an additional hinged or “split” rail, mounted on the regular guide rail,
over which the step rollers pass. It is spring loaded in the “split” position. If the step
supports no load, the rollers will “bump” over the switch. If a loaded step passes over it,
the split rail will be forced straight, tripping the switch and opening the electrical circuit.
Step (platform). A step is a passenger carrying unit.
Travel. The travel is the distance between the centers of the top and bottom pulleys.
(3) General requirements.
(a) Design requirements. Equipment installed after June 27, 1974 must comply with
“American National Standard for Manlifts ANSI A90.1-1969.”
(b) Floor openings.
(A) Allowable size. Floor openings for both the “up” and “down” runs must be
between 28 inches and 36 inches wide for a 12-inch belt; between 34 inches and
38 inches wide for a 14-inch belt; and between 36 inches and 40 inches wide for a
16-inch belt. They must extend at least 24 inches, but not more than 28 inches from
the face of the belt.
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Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(b)(B) – (3)(d)(A) F-2 437-004-0570
(B) Uniformity. All floor openings for a manlift must be the same size and
approximately circular.
(c) Landing.
(A) Vertical clearance. The clearance between the floor or mounting platform and
the lower edge for the conical guard above it required by (d) below must be at least
7 feet 6 inches. Do not allow access to the manlift if this clearance is not possible.
Enclose the manlift runway where it passes through the floor.
(B) Clear landing space. Keep the landing space around the floor openings
unobstructed and clear. This landing space will be at least 2 feet wide from the edge
of the floor opening.
(C) Lighting and landing. Lighting must be not less than 5 foot-candles, at each
floor landing when the lift running.
Note: A 40-watt or larger light bulb should provide the equivalent to 5 foot-candles.
(D) Landing surface. There must be safe footing at landing surfaces.
(E) Emergency landings. If the travel is 50 feet or more between floor landings,
there must be one or more emergency landings. There must be a landing (either
floor or emergency) for every 25 feet or less of manlift travel.
(i) Emergency landings must be accessible from both the “up” and “down” rungs
of the manlift. They must give access to the ladder as required in OAR 437-004-
0570(i).
(ii) Completely enclose emergency landings with a standard railing and toeboard.
(iii) Platforms built for access to bucket elevators or other equipment for
inspection or maintenance may also be emergency landings. All such platforms
are then part of the emergency landing and must have standard railings and
toeboards.
(d) Guards on underside of floor openings.
(A) Fixed type. The ascending side of the manlift floor openings must have a bevel
guard or cone meeting the following requirements:
(i) The cone must be at an angle of not less than 45 degrees with the horizontal.
Use an angle of 60 degrees or greater where ceiling heights permit.
(ii) The lower edge of this guard must extend at least 42 inches outward from
any handhold on the belt. It must not extend beyond the upper surface of the
floor above.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MANLIFTS
F
437-004-0570 F-3 (3)(d)(A) - (3)(g)(B)
(iii) The cone must be at least No. 18 U.S. gauge sheet steel or material of
equivalent strength or stiffness. Roll the lower edge to a minimum diameter of
1/2-inch. The interior must be smooth with no rivets, bolts or screws protruding.
(B) Floating type. A floating safety cone is acceptable instead of the fixed guards
in (A) above. They must be mounted on hinges at least 6 inches below the underside
of the floor. A force of 2 pounds on the edge of the cone closest to the hinge must
actuate a limit switch. The maximum depth of this floating cone is 12 inches.
(e) Protection of entrances and exits.
(A) Guardrail requirement. Guard the entrances and exits at all floor landings with
access to the manlift with a maze (staggered railing) or a standard guardrail with self-
closing gates.
(B) Construction. The rails will be standard guardrails with toeboards as described
in OAR 437-004-0320(6).
(C) Gates. Gates must open outward and be self-closing. Round the corners of
gates.
(D) Maze. Maze or staggered openings must offer no direct passage between
enclosure and outer floor space.
(E) Except where building layout prevents it, entrances at all landings must be in the
same relative position.
(f) Guards for openings.
(A) Construction. Use a wall, standard guardrail and toeboard or wire mesh panels
to guard the floor opening at each landing on sides not used for entrance or exit.
(B) Height and location. Guards for openings must be at least 42 inches high on
the up-running side and 66 inches on the down-running side.
(g) Bottom arrangement.
(A) Bottom landing. At the bottom landing the clear area must not be smaller than
the area enclosed by the guardrails on the floors above. Any wall in front of the
down-running side of the belt must be at least 48 inches from the face of the belt.
There must be no stairs or ladders in this space.
(B) Location of lower pulley. The lower (boot) pulley must be supported by the
lowest landing served. Guard the sides of the pulley support to prevent contact with
the pulley or the steps.
F
MANLIFTS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(g)(C) - (3)(l) F-4 437-004-0570
(C) Mounting platform. There must be a mounting platform in front or to one side of
the up run at the lowest landing. This is not necessary if the floor level allows the
floor or platform to be at or above the point where the upper surface of the ascending
step completes its turn and becomes horizontal.
(D) Guardrails. Guard the area on the downside of the manlift according to OAR
437-004-0570(e). Protect the area between the belt and the platform with a standard
guardrail.
(h) Top arrangements.
(A) Clearance from floor. There must be at least 11 feet of top clearance above
the top terminal landing. This clearance must be from a plane through each face
of the belt to a vertical cylindrical plane having a diameter 2 feet greater than the
diameter of the floor opening, extending upward from the top floor to the ceiling
on the up-running side of the belt. There must be no encroachment of structural
or machine supporting members within this space.
(B) Pulley clearance.
(i) There must be at least 5 feet between the center of the head pulley shaft and
any ceiling obstruction.
(ii) The center of the head pulley shaft must be at least 6 feet above the top
terminal landing.
(C) Emergency grab rail. There must be an emergency grab bar or rail and platform
at the head pulley when the distance to the head pulley is more than 6 feet above the
top landing. Otherwise there must be only a grab bar or rail to allow the rider to swing
free if the emergency stops do not work.
(i) Emergency exit ladder. Provide a fixed metal ladder accessible from both the “up”
and “down” run of the manlift for the entire travel of the manlift. The ladder must meet
ANSI A14.3-1956, Safety Code for Fixed Ladders.
(j) Superstructure bracing. Secure manlift rails to avoid spreading, vibration, and
misalignment.
(k) Lighting.
(A) General. There must be adequate lighting for both runs of the manlift when it is
running. (See OAR 437-004-0570(3)(c)(C) for lighting requirements at landings.)
(B) Control of lighting. Circuits for lighting of manlift runways must be permanently
tied to the building circuits with no switches or there must be switches at each
landing. Where there are separate switches at each landing, every switch must work
all lights for the entire runway.
(l) Weather protection. Protect the manlift and its driving mechanism from the weather.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MANLIFTS
F
437-004-0570 F-5 (4)(a)(A) – (4)(c)(F)
(4) Mechanical requirements.
(a) Machines, general.
(A) Brakes. Brakes for stopping and holding a manlift must be inherently self-
engaging, require power or force from an external source to cause disengagement.
The brake must release electrically and work on the motor shaft for direct-connected
units or the input shaft for belt-driven units. The brake must be able to stop and hold
the manlift when the descending side is loaded with 250 pounds on each step.
(B) Belt.
(i) The belts must be of hard-woven canvas, rubber-coated canvas, leather or
other material meeting the strength requirements of OAR 437-004-0570(3)(a).
It must also have a coefficient of friction that when used with an adequate tension
device will meet the brake test in (4)(a)(A) above.
(ii) The belt must be at least 12 inches wide for travel up to 100 feet, at least
14 inches wide for travel more than 100 feet and up to 150 feet and 16 inches
wide for travel more than 150 feet.
(C) Do not splice or use repaired manlift belts.
(b) Maximum speed. Do not install or use a manlift designed for a speed over 80 feet
per minute.
(c) Platforms or steps.
(A) Minimum depth. Steps or platforms must be 12 inches to 14 inches deep,
measured from the belt to the edge of the step or platform.
(B) Width. The width of the step or platform must be at least as wide as the belt to
which it is attached.
(C) Distance between steps. The distance between steps must be equal and at
least 16 feet measured from the upper surface of one step to the upper surface of
the next step above it.
(D) Angle of step. The surface of the step must be at approximately a right angle
with the “up” and “down” run of the belt and must travel an approximate horizontal
position with the “up” and “down” run of the belt.
(E) Surfaces. The upper or working surfaces of the step must be nonslip (coefficient
of friction not less than 0.5) or have a secure nonslip covering.
(F) Strength of step supports. When loaded with 400 pounds at the approximate
center of the step, step frames or supports and their guides must be strong enough
to:
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MANLIFTS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(c)(F) - (4)(e)(A) F-6 437-004-0570
(i) Prevent the disengagement of any step roller.
(ii) Prevent any appreciable misalignment.
(iii) Prevent any visible deformation of the steps or its support.
(G) Prohibition of steps without handholds. All steps must have a corresponding
handhold above or below them meeting the requirements of OAR 437-004-0570(4)
(d). When removing a step or steps, remove corresponding handholds before the lift
is restarted.
(d) Handholds.
(A) Location. Handholds attached to the belt must be at least 4 feet but not more
than 4 feet 8 inches above the step tread. Locate them on both “up” and “down” run
of the belt.
(B) Size. The grab surface of the handhold must be at least 4 1/2 inches wide, at
least 3 inches deep and have 2 inches of clearance from the belt. Fastenings for
handholds must be at least 1-inch from the edge of the belt.
(C) Strength. The handhold must withstand a load of 300 pounds applied parallel to
the run of the belt.
(D) Prohibition of handhold without steps. All handholds must have a
corresponding step. When removing handholds permanently or temporarily, remove
the corresponding steps and handholds for the opposite direction of travel before
restarting the lift.
(E) Type. All handholds must be of the closed type.
(e) Up limit stops.
(A) Requirements. There must be two separate automatic stop devices to cut off
the power and apply the brake when a loaded step passes the upper terminal
landing. One of these must be a split-rail switch mechanically operated by the step
roller and located not more than 6 inches above the top terminal landing. The
second automatic stop device may have any of the following:
(i) Any split-rail switch placed 6 inches above and on the side opposite the first
limit switch.
(ii) An electronic device.
(iii) A switch actuated by a lever, rod or plate, the latter to be on the “up” side of
the head pulley so as to just clear a passing step.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MANLIFTS
F
437-004-0570 F-7 (4)(e)(B) – (4)(g)(A)
(B) Manual reset location. After a stop device halts the manlift reset must be done
manually. The device must be where a person resetting it would have a clear view
of both the “up” and “down” runs of the manlift. It must be impossible to reset the
device from any step or platform.
(C) Cut-off point. The initial limit stop device must stop the manlift before the loaded
step has reached a point 24 inches above the top terminal landing.
(D) Electrical requirements.
(i) When switches open the main motor circuit directly they must be the multi-pole
type.
(ii) When using electronic devices they must be designed and installed so that
failure will shut off the power to the driving motor.
(iii) Where flammable vapors or combustible dusts may be present, electrical
installations must be according to the requirements of Division 4/S for such
locations.
(iv) Controller contacts carrying the main motor current must be oil immersed,
copper to carbon or equal, except where the circuit is broken at two or more
points at once.
(f) Emergency stop.
(A) General. There must be an emergency stop device.
(B) Location. It must be easy reach from the ascending and descending runs of the
belt.
(C) Operation. This stop device must cut off the power and apply the brake when
pulled in the direction of travel.
(D) Rope. If made of rope, it must be at least 3/8-inch in diameter. Do not use wire
rope unless it has plastic covering or equivalent.
(g) Instruction and warning signs.
(A) Instruction signs at landings or belts. At each landing or stenciled on the belt
there must be conspicuous and easily read instruction signs for the use of the manlift.
(i) The instructions must read as follows:
Face the Belt.
Use the Handholds.
To Stop - Pull Rope.
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MANLIFTS
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Oregon Occupational Safety
and Health Division
END OF DOCUMENT –
(4)(g)(B) - (6)(c) F-8 437-004-0570
(B) Top floor warning sign and light.
(i) At the top floor there must be a lighted sign with the following wording:
“TOP FLOOR – GET OFF”
Signs must have block letters at least 2 inches high. Locate the sign within easy
view of an ascending passenger and not more than 2 feet above the top terminal
landing.
(ii) In addition to the sign required by (4)(g)(B)(i) above, a red warning light of at
least 40 watts must be immediately below the upper landing terminal so as to
shine in the passenger’s face.
(C) Visitor warning. The following conspicuous sign must be at each landing.
- AUTHORIZED PERSONNEL ONLY -
(5) People only. Do not move objects or material on a manlift. Manlifts are for people only.
(6) Periodic inspection.
(a) Frequency. A competent designated person must inspect manlifts at least every
30 days. Check limit switches weekly. Do not use unsafe manlifts until repairs make
them safe again.
(b) Items covered. This periodic inspection must cover at least the following items:
Steps Step Fastenings
Rails Rail Supports and Fastenings
Rollers and Slides Belt and Belt Tension
Handholds and Fastenings Floor Landings
Guardrails Lubrication
Limit Switches Warning Signs and Lights
Illumination Drive Pulley
Bottom (boot) Pulley and Clearance Pulley Supports
Motor Driving Mechanism
Brake Electrical Switches
Vibration and Misalignment “Skip” on up or down run when mounting step
(indicating worn gears).
(c) Inspection record. Keep a certification record of each inspection. It must include
the date of the inspection, the signature of the inspector and the serial number or other
identifier of the manlift. On request, this record must be made available to OR-OSHA.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
HEALTH/ENVIRONMENT
G
Subdivision G G-i Table of Contents
TABLE OF CONTENTS
437-004-0610 Ventilation .................................................................................................. G-1
437-004-0630 Noise Exposure ......................................................................................... G-1
Noise Monitoring ............................................................................................................. G-2
Engineering Controls ...................................................................................................... G-2
Hearing Conservation Program ...................................................................................... G-3
Follow-Up ........................................................................................................................ G-4
Training ........................................................................................................................... G-5
Hearing Protection .......................................................................................................... G-5
Recordkeeping ................................................................................................................ G-5
437-004-0650 Ionizing Radiation ...................................................................................... G-6
G
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
G-ii
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
HEALTH/ENVIRONMENT
G
437-004-0610(1) G-1 437-004-0630(2)
437-004-0610 Ventilation.
(1) Agricultural employers that do abrasive blasting, grinding, polishing and buffing or spray
finishing in any part of their operation must follow the standards in OAR 437-002-1910.94
and OAR 437-002-0081 found in Subdivision 2/G.
These paraphrased excerpts are from 1910.94, Ventilation, in the OR-OSHA General Industry
Standards, Division 2/G. If the amount or duration of the covered work or processes you do
could meet one of the criteria below, consult 437-002-1910.94 in Division 2/G.
Grinding, polishing and buffing.
1910.94(b)(2) Application. You must use a mechanical local exhaust ventilation system to keep the 8-hour
time-weighted average (TWA) exposures to substances in 437-004-9000 or other parts of this division,
within required limits when dry grinding, dry polishing or buffing whether or not employees use a respirator.
Spray finishing.
1910.94(c)(8) Scope. This paragraph (c) does not apply to exterior spraying of buildings, fixed tanks or
similar structures nor to small portable spraying apparatus not used repeatedly in the same location.
Open surface tanks.
1910.94(d)(13)(i) Scope. This paragraph (d) applies to all work involving the immersion of materials in
liquids, or in the vapors of such liquids, for cleaning or altering their surfaces, or adding or imparting a
finish or changing the character of the materials. It also applies to the subsequent removal from the
liquids or vapors, draining, and drying. Such work includes washing, pickling, quenching, dyeing,
dipping, bleaching, degreasing, alkaline cleaning, stripping, rinsing and similar processes. It does not
include molten materials handling or surface coating.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0630 Noise Exposure.
(1) You must have a noise monitoring program (see (3) below) when an employee’s
exposure equals or is more than an 8-hour time-weighted average (TWA) of 85 decibels
(dB).
NOTE: Most large or older farm machines and tractors, especially those without cabs, have the
potential to produce more than 85 decibels of noise. Audiologists often say that if you have to shout
or significantly raise your voice to talk with somebody 2 feet away, the noise is probably at the action
level of 85 decibels.
(2) Noise classified as impulse or impact noise cannot be more than 140 dB peak sound
pressure level.
G
HEALTH/ENVIRONMENT
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(2) Note – (4)(b) G-2 437-004-0630
NOTE: These noises are sudden and sharp and include such things as the firing of a weapon and
sudden release of pressurized air.
Noise Monitoring
(3) Employers must use a noise sampling strategy that determines which employees need to
be part of a hearing conservation program. This sampling will also determine their need for
hearing protection or when to consider engineering controls.
(a) Use a sound level meter or a dosimeter to do noise level surveys over an 8-hour
period to get a time-weighted average. When the employees are mobile or there are
significant changes in the sound level or impulse noise components, you must use
representative personal sampling unless area samples produce equal results.
(b) Repeat the noise surveys when there is a change in production, process, equipment
or controls that increases noise levels or exposures to or above the action level. Also
repeat the surveys if the increase in noise may require additional noise reduction from
hearing protectors already in use.
(c) Notify each monitored employee of the noise monitoring results if the exposure was at
or above the 85 decibel TWA.
(d) The employer must give affected employees or their representatives the opportunity
to observe the noise survey process.
WARNING: Employer responsibilities in this standard require special knowledge and equipment to
be done successfully. In most cases it is advisable and in some cases mandatory to have these tests
done by a professional. See OAR 437-004-0630(5)(c).
Engineering Controls
(4) If the noise survey results are more than in Table 1 below, use administrative or
engineering controls to reduce the noise, if feasible. If not feasible or if the engineering or
administrative controls fail to reduce the noise to levels within Table 1 limits, provide
appropriate training and enforce the use of hearing protection to reduce the noise to levels
within the Table 1.
(a) You must provide all hearing protection equipment and devices without cost to the
employee. Employees may voluntarily elect to use their own equipment but the employer
is responsible to assure that it provides adequate protection.
(b) All hearing protection equipment and devices must be kept serviceable and clean
according to the manufacturer’s recommendations or accepted audiological practices.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
HEALTH/ENVIRONMENT
G
437-004-0630 G-3 (4)(b) Table 1 – (6)(b)
Table 1
Permissible Noise Exposures
1
Duration per day, hours
Sound level dBA
slow response
8
6
4
3
2
1 1/2
1
1/2
1/4 or less
90
92
95
97
100
102
105
110
115
Hearing Conservation Program
(5) Establish and maintain an effective hearing conservation program for employees whose
noise exposure equals or is more than an 8-hour TWA of 85 decibels, or an equivalent dose,
before attenuation by hearing protectors. The program must include an audiometric
(hearing) testing program, employee training and personal hearing protection.
(a) All parts of the hearing conservation program must be without charge to employees.
(b) You must tell the employees to avoid high levels of non-occupational noise exposure
during the 14-hour period before any hearing test. Also, you must assure that the
employee uses hearing protection or avoids noise exposure on the job for 14 hours
before getting a baseline hearing test.
(c) Only a technician certified by the Council of Accreditation in Occupational Hearing
Conservation, a licensed or certified audiologist, otolaryngologist or other physician may
do a hearing test. Certified technicians must be responsible to an audiologist,
otolaryngologist or physician.
NOTE: Audiograms must meet the requirements of OAR 437-002-1910.95, Appendix C,
Audiometric Measuring Instruments. The background noise in the test room must comply with
OAR 437-002-1910.95, Appendix D, Audiometric Test Rooms. The audiometers used for the test
and the methods must comply with the American National Standard Specifications for
Audiometers, S3.6-1969. Oregon OSHA strongly suggests that employers hire a professional to
provide services required by this standard.
(6) There are two types of hearing tests required by this standard.
(a) A baseline hearing test must be done within 6 months of the employees first exposure
to noise at or above the action level. This test is the comparison base for future tests.
(b) After the baseline audiogram is done, each employee still exposed at or above the
8-hour TWA must have annual hearing tests. Compare the annual tests to the baseline
tests to determine if there has been a standard threshold shift.
G
HEALTH/ENVIRONMENT
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(6)(c) – (9)(c) G-4 437-004-0630
(c) The audiologist, otolaryngologist or physician evaluation of the audiogram may revise
the baseline when the standard threshold shift in hearing revealed by the test is
persistent or the hearing threshold shows an improvement over the baseline audiogram.
(7) For purposes of this standard a standard threshold shift of hearing compared to the
baseline hearing test is called a standard threshold shift and is an average of 10 dB or more
at 2000, 3000, and 4000 Hz in either ear. In Oregon there is no allowance from age
correction charts for this calculation.
Follow-Up
(8) The qualified person doing the hearing test will compare the results of the annual hearing
test to the baseline audiogram to see if it is valid and if there has been a standard threshold
shift change in hearing as in (7) above.
(a) The employer may retest to assure validity within 30 days and use that as the annual
test.
(b) An audiologist, otolaryngologist or physician must review all problem audiograms to
determine the need for more evaluation. This may include follow up as described below.
(c) The employer is responsible to pay for this evaluation.
(d) The employer must assure that the reviewing audiologist, otolaryngologist or
physician has the following information:
(A) A copy of the requirements for hearing conservation in this section.
(B) The employees baseline and most recent audiogram.
(C) Measurements of the noise levels in the audiometric test room.
(D) Records of audiometer calibrations as required by this section.
(9) If an employee’s hearing test reveals a standard threshold shift, the employer must do (a)
through (d) below unless the physician determines that the shift is not work-related or
aggravated by work-related noise exposure.
(a) Fit employees with hearing protection, train them in its use and care. Require them to
use it.
(b) Refit and retrain employees already using hearing protectors. Give them hearing
protectors that offer more noise reduction.
(c) Refer the employee for a clinical audiological evaluation or an otological examination,
as appropriate, if additional testing is necessary. Also refer the employee to the
physician if the wearing of hearing protectors causes or aggravates a medical problem of
the ear.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
HEALTH/ENVIRONMENT
G
437-004-0630 G-5 (9)(d) – (13)(b)
(d) Inform the employee of the need for an otological examination if a medical pathology
of the ear could be unrelated to the use of hearing protectors.
(10) If future hearing tests show that the standard threshold shift of hearing is not persistent
and the noise exposure is less than a 8-hour TWA of 90 decibels the employer must tell the
employee of the new results and may end the required use of hearing protectors.
Training
(11) All employees exposed at or above the 8-hour TWA of 85 decibels must receive initial
and annual training. Update the training program if there are changes in the hearing
protection or work processes. The training program must include:
(a) The effects of noise on hearing.
(b) The purpose of hearing protectors, the advantages, disadvantages and attenuation of
various types and instructions on selection, fitting, use and care.
(c) The purpose of the hearing test and an explanation of the test procedures.
Hearing Protection
(12) Hearing protection must be available at no cost to all employees exposed to an 8-hour
TWA of 85 dB. Wearing of hearing protection that offers adequate noise reduction is
mandatory for employees exposed at 90 dB TWA. In addition, if an employee has had a
standard threshold shift, they must wear hearing protection at 85 decibels or more.
(a) The employer must ensure proper initial fitting of the hearing protectors, supervise the
correct use of them, and provide training in the use and care of the hearing protectors.
(b) The employees must have the chance to select the hearing protectors from a variety
of appropriate hearing protectors and the hearing protectors must reduce the noise to at
least an 8-hour TWA of 90 decibels.
(c) When noise exposure increases enough that the hearing protectors may no longer
give proper protection, reevaluate the adequacy of the protectors noise reduction.
Provide more effective hearing protection where necessary.
Recordkeeping
(13) The employer must keep employees noise exposure records according to the Access to
Employee Exposure and Medical Records standard OAR 437-004-0005. The records must
be available to employees, former employees, representatives designated by the employee
and Oregon OSHA. The test record must include:
(a) Name and job classification of the employee.
(b) Date of the audiogram.
G
HEALTH/ENVIRONMENT
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
END OF DOCUMENT –
437-004-0630(13)(c) G-6 437-004-0650 Note
(c) The examiner’s name.
(d) Date of the last acoustic or exhaustive calibration of the audiometer.
(e) Employees most recent noise exposure assessment.
(14) If you sell your business, give the buyer all records required by this section.
NOTE: The professional who does your audiometric work will supply most of the records required by
this section.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
437-004-0650 Ionizing Radiation.
NOTE: The Oregon Department of Human Resources, Health Division, enforces 1910.96 Ionizing
Radiation and 437-004-0650 in Oregon, under an Interagency Agreement with the Department of
Consumer and Business Services, OR-OSHA Division. Copies are available from OR-OSHA and the
Health Division.
In addition to and not instead of 1910.96, the rules and regulations in ORS 453.0605 to 453.0745,
Control of Radiation, administered by the Department of Human Resources, Oregon Health Division,
apply to all employees working with or near ionizing radiation sources.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
HAZARDOUS MATERIALS
H
Subdivision H H-i Table of Contents
TABLE OF CONTENTS
437-004-0710 Compressed Gases .................................................................................... H-1
437-004-0715 Acetylene .................................................................................................... H-2
(1) Cylinders ..................................................................................................................... H-2
(2) Piped systems ............................................................................................................ H-2
437-004-0716 Oxygen ....................................................................................................... H-2
(1) Scope .......................................................................................................................... H-2
(2) Bulk oxygen systems .................................................................................................. H-2
437-004-0717 Hydrogen .................................................................................................... H-7
437-004-0720 Flammable Liquids ..................................................................................... H-7
(1) Definitions ................................................................................................................... H-7
(2) Storage and transporting ............................................................................................ H-8
(3) Tanks and containers ................................................................................................. H-9
(4) Tanks elevated for gravity discharge ....................................................................... H-10
(5) Tanks with top openings only ................................................................................... H-10
(6) Dispensing and fueling ............................................................................................. H-10
(7) Handling and use of flammable liquids .................................................................... H-11
(8) Heating devices that use flammable liquids ............................................................. H-11
(9) Design, construction, and capacity of storage cabinets ........................................... H-12
(10) Design and construction of inside storage rooms .................................................. H-12
Appendix A to OAR 437-004-0720 .................................................................................... H-15
437-004-0725 Spray Finishing ......................................................................................... H-17
437-004-0770 Explosives and Blasting Agents ............................................................... H-17
437-004-0780 Storage and Handling of Liquefied Petroleum Gases ............................. H-17
(1) Definitions ................................................................................................................. H-17
(2) Scope ........................................................................................................................ H-18
(3) Basic rules ................................................................................................................ H-19
(4) Cylinder systems ...................................................................................................... H-45
(5) Systems using containers other than DOT containers ............................................ H-49
(6) Liquefied petroleum gas as a motor fuel .................................................................. H-56
(7) Storage of containers awaiting use .......................................................................... H-61
(8) Liquefied petroleum gas dispensing......................................................................... H-62
H
HAZARDOUS MATERIALS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
Table of Contents H-ii Subdivision H
437-004-0790 Use of Liquefied Petroleum Gas or Natural Gas in Fields
and Orchards ............................................................................................ H-68
(1) Scope ........................................................................................................................ H-68
(2) Definitions ................................................................................................................. H-68
(3) Components ............................................................................................................. H-68
(4) Installation ................................................................................................................. H-69
(5) Welding ..................................................................................................................... H-69
437-004-0800 Storage and Handling of Anhydrous Ammonia ........................................ H-69
(1) Scope ........................................................................................................................ H-69
(2) Definitions ................................................................................................................. H-69
(3) Basic rules ................................................................................................................ H-70
(4) Systems using stationary, non-refrigerated storage containers ............................... H-79
(5) Refrigerated storage systems .................................................................................. H-81
(6) Systems using portable DOT containers .................................................................. H-84
(7) Tank motor vehicles for the transportation of ammonia ........................................... H-85
(8) Systems on farm vehicles other than for the application of ammonia ..................... H-87
(9) Systems on farm vehicles for the application of ammonia ....................................... H-88
437-004-0950 Hazardous Waste Operations and Emergency Response ...................... H-89
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
COMPRESSED GASES
H
437-004-0710 H-1 (1) – (3)(j)
437-004-0710 Compressed Gases.
(1) Employers are responsible to keep compressed gas cylinders under their control in a
safe condition by doing visual inspections that cover these points:
(a) Corrosion or pitting which reduces the wall thickness.
(b) Cuts, gouges or digs.
(c) Dents, bulges or other distortion or unsymmetrical condition or appearance.
(d) Distortion, looseness or failure of welds in the cylinder rings.
(e) Evidence of having been burned or exposed to fire, arc or torch burns.
(f) Damage to cylinder neck threads or inability to obtain a gas-tight seal by reasonable
methods.
(2) If a compressed gas cylinder or tank shows any of the above conditions, or any other
condition that could affect its safety, do not use it. Do not return it to service until it is
thoroughly inspected by a person qualified to do so and they find it to be safe and in
compliance with the Compressed Gas Association directives.
(3) The handling, storage, and use of all compressed gases in cylinders, portable tanks or
motor vehicle cargo tanks must comply with the following:
(a) Do not use cylinders without a legible label identifying the contents.
(b) Keep the cylinder caps on except when the gauges are on the cylinder.
(c) Do not use cylinders for rollers, supports or for any purpose other than to contain the
product.
(d) Do not place cylinders where they may become part of an electrical circuit. Do not
ground cylinders used in conjunction with electric welding.
(e) Do not subject cylinders to temperatures above 125 degrees F. If ice or snow
accumulates on a cylinder, thaw at room temperature or with water less than 125
degrees F.
(f) Contact your gas supplier when in doubt about proper handling of the cylinder.
(g) When returning empty cylinders, close the valve and replace the valve protection cap.
(h) Do not drag or slide cylinders.
(i) Do not drop or permit cylinders to strike against each other or other surfaces violently.
(j) Do not lift cylinders by the protective cap or with magnets.
H
COMPRESSED GASES /
ACETYLENE / OXYGEN
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-0710(3)(k) H-2 437-004-0716(2)(a)
(k) Do not suspend cylinders from ropes, chains or slings unless the cylinder was
manufactured with an appropriate lifting attachment or suitable cradles or platforms are
used.
(l) Post the storage areas with the name of the gases to be stored.
(m) Store cylinders away from ignitable substances such as gasoline or waste or
combustibles in bulk including oil.
(n) Store cylinders upright and secure to prevent them from being knocked over.
(o) Secure cylinders when in use.
(4) Compressed gas cylinders, portable tanks, and cargo tanks must have pressure relief
devices.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0715 Acetylene.
(1) Cylinders. The transfer, handling, storage, and use of acetylene in cylinders must
comply with the general requirements of compressed gases.
(2) Piped systems. The piped systems for the transfer and distribution of acetylene must
comply with the Compressed Gas Association Pamphlet G-1.3-1970.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0716 Oxygen.
(1) Scope. This applies to the installation of bulk oxygen systems on agricultural
establishments.
(2) Bulk oxygen systems.
(a) Definition. A bulk oxygen system is an assembly of equipment, such as oxygen
storage containers, pressure regulators, safety devices, vaporizers, manifolds, and
interconnecting piping, with storage capacity more than 13,000 cubic feet of oxygen,
Normal Temperature and Pressure (NTP), connected in service or ready for service, or
more than 25,000 cubic feet of oxygen (NTP) including unconnected reserves on hand at
the site. The bulk oxygen system ends where oxygen at service pressure first enters the
supply line. The oxygen containers may be stationary or movable, and the oxygen may
be gas or liquid.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
OXYGEN
H
437-004-0716 H-3 (2)(b)(A) – (2)(c)(A)
(b) Location.
(A) General. Bulk oxygen storage systems must be aboveground, outdoors or in a
noncombustible building, adequately vented and used exclusively for oxygen storage.
Locate containers and associated equipment so there is no exposure to electric
power lines, flammable or combustible liquid lines, or flammable gas lines.
(B) Accessibility. Locate the system so that it is readily accessible to mobile supply
equipment at ground level and to authorized personnel.
(C) Leakage. For liquid oxygen storage, provide noncombustible surfacing in the
area where any leakage might fall during operation of the system and filling of the
container. Asphalt or bituminous paving is combustible.
(D) Elevation. When locating bulk oxygen systems near aboveground flammable or
combustible liquid storage that may be either indoors or outdoors, it is advisable to
locate the system on ground higher than the flammable or combustible liquid storage.
(E) Dikes. When a bulk oxygen system must be lower than adjacent flammable or
combustible liquid storage, there must be suitable means (such as diking, diversion
curbs, or grading) to prevent accumulation of liquids under the bulk oxygen system.
(c) Distance between systems and exposures.
(A) The minimum distance from any bulk oxygen storage container to exposures,
measured in the most direct line except as in (2)(c)(A)(v) and (vii) below, must be as
follows:
(i) Fifty feet from combustible structures.
(ii) Twenty-five feet from structures with fire-resistive exterior walls or sprinklered
buildings of other construction, but not less than one-half the height of the
adjacent side wall of the structure.
(iii) At least 10 feet from any opening in adjacent walls of fire resistive structures.
Spacing from such structures must be adequate to permit maintenance, but not
be less than 1-foot.
(iv) Flammable liquid storage aboveground.
Distance (feet)
Capacity (gallons)
50
90
0 to 1000
1001 or more
H
OXYGEN
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(2)(c)(A) – (2)(c)(B) H-4 437-004-0716
(v) Flammable liquid storage belowground.
Distance measured horizontally
from oxygen storage container
to flammable liquid tank (feet)
Distance from oxygen storage
container to filling and vent
connections or openings to
flammable liquid tank (feet)
Capacity
(Gallons)
15
30
50
50
0 to 1000
1001 or more
(vi) Combustible liquid storage aboveground.
Distance (feet)
Capacity (gallons)
25
50
0 to 1000
1001 or more
(vii) Combustible liquid storage belowground.
Distance measured horizontally from
oxygen storage container to
combustible liquid tank (feet)
Distance from oxygen storage container
to filling and vent connections or openings
to combustible liquid tank (feet)
15
30
50
50
(viii) Flammable gas storage. (Such as compressed flammable gases, liquefied
flammable gases and flammable gases in low pressure gas holders.)
Distance (feet)
Capacity (cu. ft. NTP)
50
90
Less than 5000
5000 or more
(ix) Fifty feet from solid materials that burn rapidly, such as excelsior or paper.
(x) Twenty-five feet from solid materials that burn slowly, such as coal and heavy
timber.
(xi) Seventy-five feet in one direction and 35 feet in approximately 90 degree
direction from confining walls (not including firewalls less than 20 feet high) to
provide adequate ventilation in courtyards and similar confining areas.
(xii) Twenty-five feet from areas such as offices, lunchrooms, locker rooms, time
clock areas, and similar locations where people may gather.
(B) Exceptions. The distances in (2)(c)(A)(i), (ii), (iv) to (x) above, do not apply
where there are protective structures, like firewalls, between the bulk oxygen storage
installation and the exposure high enough to safeguard the oxygen storage systems.
In those cases, the bulk oxygen storage installation may be a minimum distance of
1-foot from the firewall.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
OXYGEN
H
437-004-0716 H-5 (2)(d)(A) – (2)(f)(D)
(d) Storage containers.
(A) Permanently installed containers must be on substantial noncombustible supports
on firm noncombustible foundations.
(B) Make liquid oxygen storage containers from materials meeting the impact test
requirements of paragraph UG-84 of ASME Boiler and Pressure Vessel Code,
Section VIII – Unfired Pressure Vessels – 1968. Containers operating at pressures
more than 15 pounds per square inch gage (p.s.i.g.) must comply with ASME Boiler
and Pressure Vessel Code, Section VII – Unfired Pressure Vessels – 1968.
Insulation on the liquid oxygen container must be noncombustible.
(C) High-pressure gaseous oxygen containers must comply with one of the following:
(i) ASME Boiler and Pressure Vessel Code, Section VIII – Unfired Pressure
Vessels 1968.
(ii) DOT Specifications and Regulations.
(e) Piping, tubing, and fittings.
(A) Piping, tubing, and fittings must be suitable for oxygen service and for the
pressures and temperatures involved.
(B) Piping and tubing must conform to Section 2 – Gas and Air Piping Systems of
Code for Pressure Piping, American National Standard (ANSI), B31.1-1967 with
addenda B31.10a-1969.
(C) Fabricate piping or tubing for operating temperatures below 20 degrees F. from
materials meeting the impact test requirements of paragraph UG-84 of ASME Boiler
and Pressure Vessel Code, Section VIII – Unfired Pressure Vessels – 1968, when
tested at the anticipated minimum operating temperature.
(f) Safety relief devices.
(A) Equip bulk oxygen storage containers, regardless of design pressure, with safety
relief devices required by the ASME code or the DOT specifications and regulations.
(B) Bulk oxygen storage containers designed and constructed according to DOT
specifications must have safety relief devices as required.
(C) Bulk oxygen storage containers that comply with the ASME Boiler and Pressure
Vessel Code, Section VIII – Unfired Pressure Vessel – 1968 must have safety relief
devices that comply with the Compressed Gas Association Pamphlet “Safety Relief
Device Standards for Compressed Gas Storage Containers,” S-1, Part 3.
(D) Equip insulation casings on liquid oxygen containers with suitable safety relief
devices.
H
OXYGEN
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(2)(f)(E) – (2)(i) H-6 437-004-0716
(E) Safety relief devices must not allow moisture that would interfere with proper
operation to collect and freeze.
(g) Liquid oxygen vaporizers.
(A) Anchor the vaporizer and use connecting piping sufficiently flexible to
compensate for expansion and contraction due to temperature changes.
(B) Adequately protect the vaporizer and its piping on the oxygen and heating
medium sections with safety relief devices.
(C) Heat used in an oxygen vaporizer must be indirectly supplied only through media
such as steam, air, water or water solutions that do not react with oxygen.
(D) If electric heaters provide the primary source of heat, ground the vaporizing
system.
(h) Equipment assembly and installation.
(A) Remove oil, grease or other readily oxidizable materials before placing the
system in service.
(B) Make joints in piping and tubing by welding or by using flanged, threaded, slip,
or compression fittings. Gaskets or thread sealants must be suitable for oxygen
service.
(C) Valves, gages, regulators, and other accessories must be suitable for oxygen
service.
(D) People familiar with proper practices must supervise the installation of bulk
oxygen systems.
(E) After installation test and prove tight all field erected piping at maximum operating
pressure. Use oil-free, non-flammable substances for testing.
(F) Protect storage containers, piping, valves, regulating equipment, and other
accessories from physical damage and tampering.
(G) Adequately ventilate enclosures for oxygen control or operating equipment.
(H) The bulk oxygen storage location must have permanent placards that say:
“OXYGEN – NO SMOKING – NO OPEN FLAMES,” or an equivalent warning.
(I) Bulk oxygen installations are not hazardous locations as defined and covered in
Division 4/S. Therefore, general purpose or weatherproof types of electrical wiring
and equipment are acceptable depending on whether the installation is indoors or
outdoors. Install this equipment according to Division 4/S.
(i) For installations that require operation of equipment by the user, keep legible
instructions by the equipment.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
OXYGEN / HYDROGEN /
FLAMMABLE LIQUIDS
H
437-004-0716(2)(j) H-7 437-004-0720(1)
(j) Cut back or clear combustible growth 15 feet from any bulk oxygen storage container.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0717 Hydrogen.
Agricultural employers that use hydrogen in any part of their operation must comply with
OAR 437-002-1910.103 in Subdivision 2/H.
For your convenience, this is the scope statement from that standard to help you know if your
work falls under its jurisdiction.
(2) Scope
(i) Gaseous hydrogen systems.
(a) Paragraph (b) of this section applies to the installation of gaseous hydrogen
systems on consumer premises where the hydrogen supply to the consumer
premises originates outside the consumer premises and is delivered by mobile
equipment.
(b) Paragraph (b) of this section does not apply to gaseous hydrogen systems
having a total hydrogen content of less than 400 cubic feet, nor to hydrogen
manufacturing plants or other establishments operated by the hydrogen supplier
or his agent for the purpose of storing hydrogen and refilling portable containers,
trailers, mobile supply trucks, or tank cars.
(ii) Liquefied hydrogen systems.
(a) Paragraph (c) of this section applies to the installation of liquefied hydrogen
systems on consumer premises.
(b) Paragraph (c) of this section does not apply to liquefied hydrogen portable
containers of less than 150 liters (39.63 gallons) capacity; nor to liquefied hydrogen
manufacturing plants or other establishments operated by the hydrogen supplier or
his agent for the sole purpose of storing liquefied hydrogen and refilling portable
containers, trailers, mobile supply trucks, or tank cars.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f. 8/28/98, ef. 10/1/98.
437-004-0720 Flammable Liquids.
(1) Definitions:
Approved – See Universal Definitions in 4/B, OAR 437-004-0100.
Closed container – A container sealed with a lid or other device that prevents the loss of
liquid or vapor at ordinary temperatures.
Combustible – A substance or material that is able or likely to catch fire and burn.
H
FLAMMABLE LIQUIDS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(1) H-8 437-004-0720
Combustible liquids – See definition “Flammable liquids” below.
NOTE: When Oregon OSHA revised the Hazard Communication Standard to align with the
Globally Harmonized System (GHS) of classification and labeling of chemicals, the term
“combustible liquid” was eliminated. However, the term is still used by the National Fire
Protection Association (NFPA) and by the Oregon State Fire Marshal. The NFPA system
classifies some chemicals as “combustible liquids” that OSHA classifies as “flammable
liquids.”
Explosive – something capable of causing damage to the surroundings by chemical
reaction. Also, see Universal Definition in 4/B, OAR 437-004-0100.
Flammable – something capable of being easily ignited, burning intensely, or having a
rapid rate of flame spread. Also, see Universal Definitions in 4/B, OAR 437-004-0100.
Flammable liquids – Flammable liquids – are liquids having a flash point at or below
199.4 degrees F. (93 degrees C.) As defined in the globally harmonized system of
classification and labeling (GHS) adopted in OSHA’s Hazard Communication Standard,
flammable liquids are divided into four categories as follows:
(A) Category 1 includes liquids that have a flashpoint below 73.4 degrees F. (23
degrees C.) and have a boiling point at or below 95 degrees F. (35 degrees C.)
(B) Category 2 includes liquids that have a flashpoint below 73.4 degrees F. (23
degrees C.) and have a boiling point above 95 degrees F. (35 degrees C.)
(C) Category 3 includes liquids that have a flashpoint in a temperature range from at
or above 73.4 degrees F. (23 degrees C.) to at or below 140 degrees F. (60 degrees
C.)
(D) Category 4 includes liquids that have a flashpoint in a temperature range from
above 140 degrees F. (60 degrees C.) to at or below 199.4 degrees F. (93 degrees
C.)
NOTE: See Appendix A to OAR 437-004-0720 Flammable Liquids for a comparison of the
GHS/Hazard Communication classification system with the NFPA classification system.
Examples of flammable liquids include:
Category 1: Diethyl ether (solvent used in some starting fluids)
Category 2: Gasoline, Benzene
Category 3: Kerosene, Stoddard Solvent
Category 4: Diesel fuel
Portable tank – A closed container with a liquid capacity more than 60 U.S. gallons (230
liters) and not intended for fixed installation.
Safety can – An approved closed container, of not more than 5 gallons (20 liters)
capacity, with a spring-closing lid and spout cover, and designed so that it will safely
relieve internal pressure when subjected to fire.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FLAMMABLE LIQUIDS
H
437-004-0720 H-9 (2)(a) – (2)(d)
(2) Storage and transporting.
(a) The storage of flammable liquids in containers with a capacity of 60 gallons (230
liters) or more must be in fixed or portable tanks. Such tanks must meet the material and
design requirements in NFPA 30, Flammable and Combustible Liquids Code, 1996
edition.
NOTE: Tanks meeting the requirements of a more recent edition of the NFPA 30 code will
also be considered to be in compliance with this rule.
(b) Storage of flammable liquids in containers of less than 60 gallons (230 liters) capacity
must be in one of the following listed in Table H-1:
Table H-1
Maximum Allowable Size of Portable Containers and
Portable Tanks for Flammable Liquids
Container type
Category 1
Category 2
Category 3
Category 4
Safety cans or Approved containers
used for petroleum fuels
1
2 gal.
5 gal.
5 gal.
5 gal.
Glass, or plastic containers approved
for use with flammable liquids
2
(other
than “approved, containers used for
petroleum fuels”)
1 pint (pt.)
1 quart (qt.)
1 gallon (gal.)
1 gal.
DOT drums (Metal drums meeting
Dept. of Transportation specifications)
60 gal.
60 gal.
60 gal.
60 gal.
Closed, metal containers (other than
DOT drums)
1 gal.
5 gal.
5 gal.
5 gal.
Approved, portable tanks
660 gal.
660 gal.
660 gal.
660 gal.
NOTES:
1
Approved containers used for petroleum fuels – metal or plastic containers that bear an approval
label stamped on or molded into the container; meeting the requirements of and used for
petroleum products within the scope of one or more of the standards specified as an acceptable
container in NFPA 30, 1996 (or a more recent edition.)
2
The “Glass or plastic containers approved for use with flammable liquids” container size limits in
Table H-1 do not apply to medicines, beverages, foodstuffs, cosmetics, and other common
consumer items when they are packaged subject to consumer product safety standards or other
accepted practices.
(c) Store flammable liquids in a manner that will not obstruct, impede, or limit use of exits,
stairways, or areas normally used for safe exit routes.
(d) Flammable liquids transported in passenger-type vehicles (cars, trucks, buses, carry-
alls, crew transporters, etc.) must be in safety cans, or approved containers used for
petroleum fuels. Carry these containers outside the passenger compartment, secured in
a ventilated area that prevents the accumulation of flammable or explosive vapors, and
that protects against rupture in a collision.
H
FLAMMABLE LIQUIDS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(a) - (6)(b)(B) H-10 437-004-0720
(3) Tanks and containers.
(a) Clearly mark tanks and containers as required in the Hazard Communication
Standard, OAR 437-004-9800(5) Labels and other Forms of Warning. Mark fill-risers and
pumps or discharge devices with the name of the product they contain.
NOTE: Division 4/L, 437-004-1440 requires employers to post signs reading, “No Smoking or
Open Flame” (or “FLAMMABLE – KEEP FIRE AWAY”) in areas used for fueling, and where
flammable liquids are received, dispensed, used, or stored.
(b) Protect pumps, containers, tanks, and supports for tanks used for combustible or
flammable liquids against collision damage.
(c) Mount aboveground tanks on supports that are strong and stable enough to safely
support the load. Provide enough clearance to permit inspection and maintenance as
well as clearance from the ground.
(4) Tanks elevated for gravity discharge.
(a) The gravity discharge outlet must have an approved hose with a self-closing valve at
the discharge end.
(b) The bottom opening for gravity discharge must have a shut-off valve adjacent to the
tank shell that can be closed manually. Underground tanks from which fuel flows under
gravity must have a manual shut-off valve between the tank and the hose.
(5) Tanks with top openings only.
(a) Tanks with all openings in the top must have a firmly attached, approved pumping
device and an approved hose.
(b) Do not use siphons and discharge devices requiring pressure in the container.
(c) There must be an effective anti-siphoning device in the pump discharge; tank
plumbing must not permit fuel to siphon or flow from the tank when the pump is not
operating, even though discharge nozzle valves or line valves are open.
(6) Dispensing and fueling.
(a) Maintain pumping devices or faucets used to dispense flammable liquids so they do
not leak enough material to puddle or cause a fire hazard.
(b) Fuel tanks and pumps from which flammable liquids are dispensed must have an
approved hose long enough to fill containers.
(A) Hoses must have a metal nozzle at the discharge end.
(B) Hoses must incorporate an effective electrical interconnect between the nozzle
and the supply tank.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FLAMMABLE LIQUIDS
H
437-004-0720 H-11 (6)(c) – (7)(d)
(c) Do not dispense flammable liquids into or from portable or stationary metal tanks or
drums unless there is an effective electrical interconnect (bond) between the source and
the receiving containers.
NOTES:
The electrical interconnect may be made by assuring that the metal nozzle of the
approved hose is in contact with the metal fill neck or bung of the receiving container
during filling.
Both portable metal and portable plastic containers should be placed on a grounded
surface when filling.
(d) Shut off internal combustion engines, except diesel engines, while refueling.
(7) Handling and use of flammable liquids.
(a) Control leakage or the escape of flammable liquids and use measures to prevent
accidental spills. If a spill occurs, promptly clean any soaked or contaminated areas.
NOTE: If you have a release or spill of any hazardous substance at your workplace and you
expect your employees to help clean it up, other rules may apply:
Division 4/Z, 437-004-9800, Hazard Communication Standard for Agricultural Employers.
Division 4/H, 437-004-0950 Hazardous Waste Operations and Emergency Response.
(b) Use flammable liquids, including gasoline, only where there is no open flame or other
source of ignition within 50 feet of the operation, or within the possible path of vapor
travel.
NOTES:
This rule does not prohibit the refueling of orchard heaters used outdoors while adjacent
heaters are burning; or the field (outdoor) refueling of portable tools while other tools are in
operation.
Division 4/L, 437-004-1430 requires employers to forbid smoking, open flames, the use of
spark-producing devices or tools, and other sources of fire or ignition in fueling areas; where
fuel systems for internal combustion engines are serviced; and where flammable liquids are
received, dispensed, used, or stored.
(c) Do not use flammable liquids, including gasoline, indoors as a solvent or for cleaning
purposes unless there is adequate ventilation to bring and keep the concentrations of
explosive vapors in the atmosphere below 20 percent of its lower explosive limit (LEL).
(d) Keep flammable liquids, including gasoline, in closed containers when not in use.
H
FLAMMABLE LIQUIDS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(8) Note - (9)(b) H-12 437-004-0720
(8) Heating devices that use flammable liquids.
NOTE: The Oregon State Mechanical Specialty Code and the Oregon Fire Code have
standards for space-heating devices and associated equipment.
(a) Set heaters, when in use, on a stable, level base; or mount them as specified by the
manufacturer.
(b) Heaters not suitable for use on wood floors must rest on heat insulating material of at
least 1-inch concrete, or equivalent. The insulating material must extend beyond the
heater 2 feet or more in all directions.
(c) Locate heaters used near combustible tarpaulins, canvas, or similar coverings at
least 10 feet from the coverings and securely fasten them to prevent ignition or upsetting
of the heater due to wind action on the covering or other material.
(d) Liquid-fired heaters must have a primary safety control to stop the flow of fuel in the
event of flame failure.
NOTE: Barometric or gravity oil feed is not a primary safety control.
(e) Do not use heating devices without built-in means to effectively control the fuel supply
and the flame in occupied buildings.
(f) Vent heating devices (that use flammable fuels inside occupied buildings) to the
outside atmosphere except when:
(A) The heating device has an “approval label” issued by the American Gas
Association or a nationally recognized testing laboratory indicating it is approved for
use as an unvented heater in occupied buildings; or,
(B) Prior to entry, test the atmosphere inside buildings where unvented heating
devices are in use to assure it is free of hazardous levels of carbon monoxide.
(g) Fuel-burning devices must have means that prevent the emission of sparks or other
sources of ignition.
(9) Design, construction, and capacity of storage cabinets.
(a) Maximum capacity. Maximum capacity. Do not store more than 60 gallons of
Category 1, 2, or 3 flammable liquids, or more than 120 gallons of Category 4 flammable
liquids in a storage cabinet.
(b) Fire resistance. Storage cabinets must meet NFPA 30, 1996 edition standards.
Label storage cabinets with “No Smoking or Open Flame.”
NOTES:
Storage cabinets meeting the requirements of a more recent edition of the NFPA 30 code will
also be considered to be in compliance with this rule.
Storage cabinets labeled “FLAMMABLE – KEEP FIRE AWAY” are also in compliance with
this rule.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FLAMMABLE LIQUIDS
H
437-004-0720 H-13 (10)(a)(A) – (10)(b) Table H-2
(10) Design and construction of inside storage rooms.
(a) Construction.
(A) Construct inside storage rooms to meet the required fire-resistive rating in NFPA
30, 1996 edition.
(B) Such construction must comply with the test specifications in Standard Methods
of Fire Tests of Building Construction and Materials, NFPA 251, 1969 edition.
(C) Where there is an automatic sprinkler system, design and install the system
according to accepted engineering practices.
(D) Openings to other rooms or buildings must have noncombustible, liquid-tight,
raised sills or ramps at least 4 inches high, or the floor in the storage area must be at
least 4 inches below the surrounding floors. A permissible alternate to the sill or ramp
is an open-grated trench inside the room that drains to a safe location.
(E) Openings must have approved self-closing fire doors. The room must be liquid-
tight where the walls join the floor.
(F) Where other parts of the building or other properties are exposed, protect
windows as required in the Standard for Fire Doors and Windows, NFPA 80, 1968
edition, for Class E or F openings.
(G) Wood at least 1-inch nominal thickness is acceptable for shelving, racks,
dunnage, scuffboards, floor overlay, and similar installations.
NOTES: The following will also be considered to be in compliance with this rule:
Inside storage rooms meeting the requirements of a more recent edition of the NFPA
30 code.
Construction materials meeting the specifications in a more recent edition of NFPA
251 code.
Windows and openings protected as required by a more recent edition of the NFPA
80 code.
(b) Rating and capacity. Storage in inside storage rooms must comply with Table H-2,
below.
Table H-2 – Storage In Inside Rooms
Fire protection
1
provided
Fire resistance
Maximum
room size
Total Allowable quantities
(gals/sq. ft./floor area)
Yes
No
Yes
No
2 hours
2 hours
1-hour
1-hour
500 sq. ft.
500 sq. ft.
150 sq. ft
150 sq. ft
10
5
4
2
1
Fire protection system must have sprinklers, water spray, carbon dioxide, or other system.
H
FLAMMABLE LIQUIDS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(10)(b) Notes H-14 437-004-0720
NOTES:
Division 4/L, 437-004-1430 Sources of Fire requires that electric lights, equipment, and
wiring used where there may be flammable or explosive gases or vapors must comply
with the State Electrical Specialty Code.
Division 4/S, 437-004-3075 Agricultural Buildings with Special Hazards has additional electrical
requirements.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FLAMMABLE LIQUIDS
H
437-004-0720 H-15 Appendix A
Appendix A to OAR 437-004-0720 Flammable Liquids (Nonmandatory)
A comparison of the Globally Harmonized System (GHS) of classification for Flammable
Liquids and the National Fire Protection Association (NFPA) system of classification for
Flammable and Combustible Liquids:
GHS
Classification
And Category
Flash Point
(Boiling
Point)
NFPA
Classification
NFPA Term
Flash Point
(Boiling
Point)
Examples
Flammable
Liquid
Category 1
Below 73.4°F
(At or below
95°F)
Class IA
Flammable
Liquid
Below 73°F
(Below 100°F)
Diethyl ether
(solvent used
in some
starting fluids)
Flammable
Liquid
Category 2
Below 73.4°F
(Above 95°F)
Class IB
Flammable
Liquid
Below 73°F
(At or above
100°F)
Gasoline,
toluene,
benzene,
acetone,
ethanol
Flammable
Liquid
Category 3
Between
73.4°F and
140°F
Class IC
Flammable
Liquid
At or above
73°F
(Below 100°F)
Kerosene;
m-, o-, p-
xylene
Class II
Combustible
Liquid
At or above
100°F
Stoddard
solvent,
hydrazine
Flammable
Liquid
Category 4
Above 140°F
but not more
than 199.4°F
Class IIIA
Combustible
Liquid
At or above
140°F
Diesel fuel,
naphthalene
Not a flammable liquid if Flash
Point is greater than 199.4°F.
Class IIIB
Combustible
Liquid
At or above
200°F
Glycerin (mist)
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
H
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
H-16
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SPRAY FINISHING / EXPLOSIVES &
BLASTING AGENTS / STORAGE & HANDLING
OF LIQUEFIED PETROLEUM GASES
H
437-004-0725 H-17 437-004-0780(1)
437-004-0725 Spray Finishing.
If you use a spray booth or a spray room or do production-level spray finishing, you must
follow the rules in Division 2/H, OAR 437-002-0107, Spray Finishing.
NOTE: The Spray Finishing rules do not apply to outdoor spray applications to buildings, tanks, or
other similar structures; or to small, portable, spray apparatus that is not used repeatedly in the same
location.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
437-004-0770 Explosives and Blasting Agents.
Agricultural employers that use explosives and blasting agents must comply with OAR 437-
002-1910.109 in Subdivision 2/H.
For your convenience, this is the scope statement from that standard to help you know if your
work falls under its jurisdiction.
This section applies to the manufacture, keeping, storage, sale, transportation, and use of
explosives, blasting agents, and pyrotechnics. The section does not apply to the sale and
use (public display) of pyrotechnics, commonly known as fireworks, nor the use of explosives
in the form prescribed by the official U.S. Pharmacopeia.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0780 Storage and Handling of Liquefied Petroleum Gases.
NOTE: OAR 437-004-0790, following this rule, covers the use of LPG and natural gas in fields and
orchards. This rule (0780) does not cover those applications.
(1) Definitions.
API-ASME container – A container built to comply with OAR 437-004-0780(3)(b)(C).
ASME container – A container built to comply with OAR 437-004-0780(3)(b)(A).
Approved – See universal definition in 4/B.
Container assembly – An assembly of the container and fittings for all container
openings, including shutoff valves, excess flow valves, liquid-level gaging devices, safety
relief devices, and protective housing.
Containers – All vessels, such as tanks, cylinders, or drums, used to transport or store
liquefied petroleum gases.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(1) – (2)(b)(B) H-18 437-004-0780
DOT – Department of Transportation.
DOT container – A container built to comply with 49 CFR Chapter 1.
DOT cylinders – cylinders meeting the requirements of 49 CFR Chapter I.
DOT Specifications – regulations of the Department of Transportation published in 49
CFR Chapter I.
Liquefied petroleum gases – “LPG” and “LP-Gas” – Any material made mostly of any
of the following hydrocarbons, or mixtures of them; propane, propylene, butane (normal
butane or iso-butane), and butylenes.
Listed – see universal definition in 4/B.
Movable fuel storage tenders or farm carts – Containers not more than 1,200 gallons
water capacity, with wheels for towing. They are not highway vehicles, but may
occasionally be moved on public roads or highways. They are a fuel supply vehicle.
P.S.I.A. – pounds per square inch absolute.
P.S.I.G. – pounds per square inch gauge.
Systems – an assembly of the container or containers, major devices such as
vaporizers, safety relief valves, excess flow valves, regulators, and connecting piping.
Vaporizer-burner – an integral vaporizer-burner unit, dependent on the heat generated
by the burner as the source of heat to vaporize the liquid used for dehydrators or dryers.
Ventilation, adequate – when specified for the prevention of fire during normal
operation, ventilation is adequate when the concentration of the gas in a gas-air mixture
does not exceed 25 percent of the lower flammable limit.
(2) Scope.
(a) Application.
(A) Paragraph OAR 437-004-0780(3) applies to installations made according to OAR
437-004-0780(4), (5), (6) and (8), except as noted in each of those paragraphs.
(B) Paragraphs OAR 437-004-0780(4) through (8) have their own application
statements.
(b) Exclusions. This section does not apply to:
(A) LP-Gas refrigerated storage systems;
(B) LP-Gas used with oxygen. The requirements of OAR 437-004-2310 apply to that
use;
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-19 (2)(b)(C) – (3)(b)(B)
(C) Low-pressure (not more than 1/2-pound per square inch or 14 inches water
column) LP-Gas piping systems, and the installation and operation of residential
and commercial appliances including their inlet connections, supplied through such
systems. For those systems, the National Fire Protection Association Standard for
the Installation of Gas Appliances and Gas Piping, NFPA 54-1996 apply.
(c) Retroactivity. Unless otherwise stated, this section is not retroactive.
(A) Existing plants, appliances, equipment, buildings, structures, and installations for
the storage, handling or use of LP-Gas, that met the National Fire Protection
Association Standard for the Storage and Handling of Liquefied Petroleum Gases
NFPA No. 58, 1995, at the time of manufacture or installation are acceptable, if their
use does not cause a recognized hazard to employees.
(3) Basic rules.
(a) Approval of equipment and systems.
(A) Each system using DOT containers according to 49 CFR Part 178 must use
approved container valves, connectors, manifold valve assemblies, and regulators.
(B) Each system for domestic or commercial use with containers of 2,000 gallons or
less water capacity, other than those built according to 49 CFR Part 178, must have
a container assembly and one or more regulators, and may include other parts. The
system as a unit or the container assembly as a unit, and the regulator or regulators,
must be individually listed.
(C) In systems using containers of more then 2,000 gallons water capacity, each
regulator, container valve, excess flow valve, gaging device, and relief valve installed
on or at the container, must be listed by a nationally recognized testing laboratory.
Refer to 29 CFR 1910.7 for the definition of nationally recognized testing laboratory.
(b) Requirements for construction and original test of containers.
(A) Containers used with systems in OAR 437-004-0780(5), (6) and (8), except in
(6)(c)(C), must comply with the Rules for Construction of Unfired Pressure Vessels,
section VIII, Division 1, American Society of Mechanical Engineers (ASME) Boiler
and Pressure Vessel Code, 1968 edition.
(B) Containers constructed according to the 1949 and earlier editions of the ASME
Code do not have to comply with paragraphs U-2 through U-10 and U-19 of it. Do
not use containers constructed according to paragraph U-70 in the 1949 and earlier
editions.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(b)(C) – (3)(d)(A) H-20 437-004-0780
(C) Containers designed, constructed, and tested before July 1, 1961, according to
the Code for Unfired Pressure Vessels for Petroleum Liquids and Gases, 1951
edition with 1954 Addenda, of the American Petroleum Institute and the American
Society of Mechanical Engineers are acceptable. Containers constructed according
to API-ASME Code do not have to comply with section I or with appendix to section I.
Paragraphs W-601 to W-606 inclusive in the 1943 and earlier editions do not apply.
(D) Paragraph (3)(b)(A) above does not prohibit the use or reinstallation of containers
constructed and maintained according to the standard for the Storage and Handling
of Liquefied Petroleum Gases NFPA No. 58 in effect at the time of fabrication.
(E) Containers used with systems covered in OAR 437-004-0780(3), (5)(c)(C), and
(7), must comply with DOT specifications effective at the date of their manufacture.
(c) Welding of containers.
(A) Welding to the shell, head, or any other part of the container subject to internal
pressure, must comply with the code under which the tank was built. Other welding
is permitted only on saddle plates, lugs, or brackets attached to the container by the
tank manufacturer.
(B) Welding of DOT containers, must be done by a qualified manufacturer making
containers of the same type, and must comply with DOT regulations.
(d) Markings on containers.
(A) Each container in (3)(b)(A) above, except as in (3)(b)(D) above must have these
markings:
(i) A mark identifying compliance with, and other markings required by, the rules
of the reference under which the container is constructed; or with the stamp and
other markings required by the National Board of Boiler and Pressure Vessel
Inspectors.
(ii) Notation as to whether the container is designed for underground or
aboveground installation or both. If intended for both and different style hoods
are provided, the marking must indicate the proper hood for each type of
installation.
(iii) The name and address of the supplier of the container, or with the trade
name of the container.
(iv) The water capacity of the container in pounds or gallons, U.S. Standard.
(v) The pressure in p.s.i.g., for which the container is designed.
(vi) The wording “This container must not contain a product with a vapor pressure
in excess of – p.s.i.g. at 100 degrees F.,” see (m)(G).
(vii) The tare weight in pounds or other identified unit of weight for containers with
a water capacity of 300 pounds or less.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-21 (3)(d)(A) – (3)(e)(B)
(viii) Marking indicating the maximum level to which the container may be filled
with liquid at temperatures between 20 degrees F. and 130 degrees F., except
on containers provided with fixed maximum level indicators or which are filled by
weighing. Markings must be increments of not more than 20 degrees F. This
marking may be located on the liquid level gaging device.
(ix) The outside surface area in square feet.
(B) Marks must be on a metal nameplate attached to the container and visible after
installation of the container.
(C) When storing or using LP-Gas and one or more other gases in the same area,
the containers must identify their content.
(e) Location of containers and regulating equipment.
(A) Containers, and first stage regulating equipment if used, must be outside
buildings, except under one or more of the following:
(i) In buildings used exclusively for container charging, vaporization pressure
reduction, gas mixing, gas manufacturing, or distribution.
(ii) For portable use according to OAR 437-004-0780(4)(e).
(iii) LP-Gas fueled engines according to OAR 437-004-0780(6)(j) or (k).
(iv) LP-Gas fueled industrial trucks used according to OAR 437-004-0780(6)(l).
(v) LP-Gas fueled vehicles garaged according to OAR 437-004-0780(6)(m).
(vi) Containers awaiting use or resale when stored according to OAR 437-004-
0780(7).
(B) Place individual containers with respect to the nearest building or group of
buildings according to Table 1.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(e)(B) Table 1 – (3)(f)(C) H-22 437-004-0780
Table 1
Water capacity per
container
Minimum distances
Containers
Between above-
ground containers
Underground
Aboveground
Less than 125 gals
1
125 to 250 gals
251 to 500 gals
501 to 2,000 gals
2,001 to 30,000 gals
30,001 to 70,000 gals
70,001 to 90,000 gals
10 feet
10 feet
10 feet
25 feet
2
50 feet
50 feet
50 feet
None
10 feet
10 feet
25 feet
2
50 feet
75 feet
3
100 feet
3
None
None
3 feet
3 feet
5 feet
1
If the aggregate water capacity of a multi-container installation at a consumer site is 501 gallons or more,
the minimum distance must comply with this table, applying the aggregate capacity rather than the capacity
per container. If doing more than one installation, separate each from another by at least 25 feet. Do not
apply the MINIMUM DISTANCES BETWEEN ABOVEGROUND CONTAINERS to such installations.
2
You can reduce the above distance requirements to not less than 10 feet for a single container of
1,200 gallons water capacity or less, if it is at least 25 feet from any other LP-Gas container of more than
125 gallons water capacity.
3
1/4 of sum of diameters of adjacent containers.
(C) Do not stack containers on each other during use.
(D) Keep easily ignitible material such as weeds and long dry grass 10 feet away
from containers.
(E) Keep at least 20 feet between liquefied petroleum gas containers and flammable
liquid tanks. The minimum separation between a container and the centerline of the
dike is 10 feet. This does not apply when LP-Gas containers of 125 gallons or less
capacity are next to Class III flammable liquid tanks of 275 gallons or less capacity.
(F) Prevent the accumulation of flammable liquids under adjacent liquefied petroleum
gas containers by diking, diversion curbs, grading or the equivalent.
(G) Do not put liquefied petroleum gas containers within the dikes around flammable
liquid tanks.
(f) Container valves and container accessories.
(A) Valves, fittings, and accessories connected directly to the container including
primary shutoff valves, must have a rated working pressure of at least 250 p.s.i.g.
and be suitable for LP-Gas service. Do not use cast iron. This does not prohibit the
use of container valves made of malleable or nodular iron.
(B) Connections to containers, except safety relief connections, liquid level gaging
devices, and plugged openings, must have shutoff valves as close to the container
as practicable.
(C) Excess flow valves, must close automatically at the rated flows of vapor or liquid
as specified by the manufacturer. The connections or line including valves, fittings,
etc., being protected by an excess flow valve must have a greater capacity than the
rated flow of the excess flow valve.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-23 (3)(f)(D) – (3)(g)(A)
(D) Liquid level gaging devices do not need excess flow valves if their outward flow is
less than would pass through a .055-inch opening.
(E) Openings from the container or through fittings attached directly to it with a
pressure gauge connected do not need shutoff or excess flow valves if they are
not larger than .055-inch.
(F) Except as in OAR 437-004-0780(4)(e)(A)(ii), excess flow and back pressure
check valves required here must be inside the container or at an outside point
where the line enters the container. In the latter case, make installation so that
strain beyond the excess flow or back pressure check valve will not cause a break
between the container and the valve.
(G) Excess flow valves must have a bypass, not to exceed a .040-inch opening to
allow equalization of pressures.
(H) Containers with water capacity between 30 gallons and 2,000 gallons, filled by
volume and made after December 1, 1963, must fill into the vapor space.
(g) Piping – including pipe, tubing, and fittings.
(A) Pipe, except as in OAR 437-004-0780(6)(f)(A), must be wrought iron or steel
(black or galvanized), brass, copper, or aluminum alloy. Aluminum alloy pipe must
be at least Schedule 40. Do not use alloy 5456. Protect aluminum alloy pipe against
external corrosion when it contacts dissimilar metals other than galvanized steel.
Also protect it when it is subject to repeated wetting by such liquids as water (except
rainwater), detergents, sewage, or leaking from other piping, or it passes through
flooring, plaster, masonry, or insulation. Galvanized sheet steel or pipe, galvanized
inside and out, is good protection. The maximum nominal pipe size for aluminum
pipe is 3/4-inch. Limit pressures to less than 20 p.s.i.g. Do not install aluminum alloy
pipe within 6 inches of the ground.
(i) Vapor piping with operating pressures not more than 125 p.s.i.g. must be
suitable for a working pressure of at least 125 p.s.i.g. It must be at least
Schedule 40 (ASTM A-53-69, Grade B Electric Resistance Welded and
Electric Flash Welded Pipe or equal).
(ii) Vapor piping with operating pressures more than 125 p.s.i.g. and all liquid
piping must be suitable for a working pressure of at least 250 p.s.i.g. It must
be at least Schedule 80 if it has threaded or threaded and back welded joints.
It must be at least Schedule 40 (ASTM A-53-69 Grade B Electric Resistance
Welded and Electric Flash Welded Pipe or equal) if it has welded, or welded
and flanged joints.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(g)(B) – (3)(g)(C) H-24 437-004-0780
(B) Tubing must be seamless and of copper, brass, steel, or aluminum alloy. Copper
tubing must be type K or L or equivalent as covered in the Specification for Seamless
Copper Water Tube, ANSI H23.1-1970 (ASTM B88-69). Aluminum alloy tubing must
be Type A or B or equivalent as in Specification ASTM B210-68. It must have
markings every 18 inches indicating compliance with ASTM Specifications. The
minimum nominal wall thickness of copper tubing and aluminum alloy tubing is in
Table 2 and Table 3.
Protect aluminum alloy tubing against external corrosion when it contacts dissimilar
metals other than galvanized steel. Also protect it when it is subject to repeated
wetting by liquids such as water (except rainwater), detergents, sewage, or leakage
from other piping, or it passes through flooring, plaster, masonry, or insulation.
Galvanized sheet steel or pipe, galvanized inside and out, is good protection. The
maximum outside diameter for aluminum alloy tubing is 3/4-inch. Limit pressures to
less than 20 p.s.i.g. Do not install aluminum alloy pipe within 6 inches of the ground.
Table 2 - Wall Thickness of Copper Tubing
1
Standard size
(inches)
Nominal outside
diameter (inches)
Nominal wall thickness (inches)
Type K
Type L
1/4
3/8
1/2
5/8
3/4
1
1 1/4
1 1/2
2
0.375
0.500
0.625
0.750
0.875
1.125
1.375
1.625
2.125
0.035
0.049
0.049
0.049
0.065
0.065
0.065
0.072
0.083
0.030
0.035
0.040
0.042
0.045
0.050
0.055
0.060
0.070
1
Based on data in Specification for Seamless Copper Water Tube, ANSI H23.1-1970 (ASTM B-
88-69).
NOTE: The standard size to designate tubing is 1/8-inch smaller than its nominal outside
diameter.
Table 3 - Wall Thickness of Aluminum Alloy Tubing
1
Outside diameter (inches)
Nominal wall thickness (inches)
Type A
Type B
3/8
1/2
5/8
3/4
0.035
0.035
0.042
0.049
0.049
0.049
0.049
0.058
1
Based on data in Standard Specification for Aluminum-Alloy Drawn Seamless Coiled Tubes for
Special Purpose Applications, ASTM B210-68.
(C) Pipe joints may be screwed, flanged, welded, soldered, or brazed with a material
with a melting point more than 1,000 degrees F. Joints on seamless copper, brass,
steel, or aluminum alloy gas tubing must be made with approved gas tubing fittings,
or soldered or brazed with a material having a melting point more than 1,000 degrees
F.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-25 (3)(g)(D) – (3)(h)(F)
(D) For operating pressures of 125 p.s.i.g. or less, fittings must withstand a pressure
of at least 125 p.s.i.g. For operating pressures above 125 p.s.i.g., fittings withstand
a minimum of 250 p.s.i.g.
(E) You may not use threaded cast iron pipe fittings such as ells, tees, crosses,
couplings, and unions. Use aluminum alloy fittings with aluminum alloy pipe and
tubing. Use insulated fittings where aluminum alloy pipe or tubing connects with a
dissimilar metal.
(F) Strainers, regulators, meters, compressors, pumps, etc., are not pipe fittings.
This does not prohibit the use of malleable, nodular, or higher strength gray iron for
such equipment.
(G) All materials such as valve seats, packing, gaskets, diaphragms, etc., must be
resistant to the action of liquefied petroleum gas.
(H) After assembly, test all piping, tubing, or hose at not less than normal operating
pressures. After installation, test piping and tubing with a manometer or similar tester
that shows a pressure drop. There must be no leaks. Do not test with a flame.
(I) Use flexible connections to compensate for expansion, contraction, jarring,
vibration, and settling.
(J) Piping outside buildings may be buried, aboveground, or both. It must have good
support and protection against physical damage. Where soil conditions warrant,
protect piping against corrosion. Where condensation may occur, the piping must
pitch back to the container, or there must be another way to change the condensate
back to a vapor.
(h) Hose specifications.
(A) Hose must be made of materials that are resistant to the action of LP-Gas. If the
hose has wire braid reinforcing, it must be corrosion-resistant.
(B) Mark hose for container pressure “LP-Gas” or “LPG” at least every 10 feet.
(C) Hose for container pressure must have a bursting pressure rating of not less than
1,250 p.s.i.g.
(D) Hose for container pressure must be listed (see definitions in subdivision B).
(E) Hose connections for container pressure must withstand, without leaks, a test
pressure of at least 500 p.s.i.g.
(F) Hose and hose connections on the low-pressure side of the regulator or reducing
valve must have a bursting pressure rating of not less than 125 p.s.i.g. or five times
the set pressure of the relief devices protecting that portion of the system, whichever
is higher.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(h)(G) – (3)(i)(B) H-26 437-004-0780
(G) Hose is acceptable on the low-pressure side of regulators to connect to other
than domestic and commercial gas appliances if:
(i) The appliances connected with a hose are portable and need a flexible
connection.
(ii) For use inside buildings the hose must be of minimum practical length, but
not more than 6 feet except as in OAR 437-004-0780(4)(e)(A)(vii). It may not
extend from one room to another, nor pass through any walls, partitions, ceilings,
or floors. Such hose must be in view and not concealed. Outside buildings, the
hose may be longer but must be as short as practical.
(iii) Use only approved hose. Do not use it where temperatures are likely to be
more than 125 degrees F. Securely connect the hose to the appliance and do
not use rubber slip ends.
(iv) The shutoff valve for an appliance connected by hose must be in the metal
pipe or tubing and not at the appliance end of the hose. When shutoff valves are
installed close to each other, take precautions to prevent operation of the wrong
valve.
(v) Protect hose connected to wall outlets from physical damage.
(i) Safety devices.
(A) Every container except those meeting DOT specifications and every vaporizer
(except motor fuel vaporizers and except vaporizers in OAR 437-004-0780(3)(j)(B)
(iii) and (5)(d)(E)(i)) whether heated by artificial means or not, must have one or
more spring loaded safety relief valves. These valves must allow free venting to the
outer air with discharge not less than 5 feet horizontally away from any opening into
nearby buildings. The rate of discharge must meet the requirements of (3)(i)(B) or
(3)(i)(C) below for vaporizers.
(B) The minimum rate of discharge in cubic feet per minute of air at 120 percent of
the maximum permitted start to discharge pressure for safety relief valves on
containers other than DOT containers must be as follows:
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-27 (3)(i)(B)
Surface
area (sq. ft.)
Flow rate
CFM air
Surface
area (sq. ft.)
Flow rate
CFM air
Surface
area (sq. ft.)
Flow rate
CFM air
20 or less
25
30
35
40
45
50
55
60
65
70
75
80
85
90
95
100
105
110
115
120
125
130
135
140
145
150
155
160
165
626
751
872
990
1,100
1,220
1,330
1,430
1,540
1,640
1,750
1,850
1,950
2,050
2,150
2,240
2,340
2,440
2,530
2,630
2,720
2,810
2,900
2,990
3,080
3,170
3,260
3,350
3,440
3,530
170
175
180
185
190
195
200
210
220
230
240
250
260
270
280
290
300
310
320
330
340
350
360
370
380
390
400
450
500
550
3,620
3,700
3,790
3,880
3,960
4,050
4,130
4,300
4,470
4,630
4,800
4,960
5,130
5,290
5,450
5,610
5,760
5,920
6,080
6,230
6,390
6,540
6,690
6,840
7,000
7,150
7,300
8,040
8,760
9,470
600
650
700
750
800
850
900
950
1,000
1,050
1,100
1,150
1,200
1,250
1,300
1,350
1,400
1,450
1,500
1,550
1,600
1,650
1,700
1,750
1,800
1,850
1,900
1,950
2,000
10,170
10,860
11,550
12,220
12,880
13,540
14,190
14,830
15,470
16,100
16,720
17,350
17,960
18,570
19,180
19,780
20,380
20,980
21,570
22,160
22,740
23,320
23,900
24,470
25,050
25,620
26,180
26,750
27,310
Surface area = total outside surface area of the container in square feet.
When the surface area is not on the nameplate or when the marking is not legible, calculate
the area using one of the following formulas:
(1) Cylindrical container with hemispherical heads:
Area = Overall length X outside diameter X 3.1416.
(2) A cylindrical container with other than hemispherical heads:
Area = (Overall length + 0.3 outside diameter) X outside diameter X 3.1416.
NOTE: This formula is not exact, but will give results within the limits of practical accuracy for the
sole purpose of sizing relief valves.
(3) Spherical container:
Area = Outside diameter squared X 3.1416.
Flow Rate – CFM Air = required flow capacity in cubic feet per minute of air at standard
conditions, 60 degrees F. and atmospheric pressure (14.7 p.s.i.a.).
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(i)(B) – (3)(i)(E) Table 4 H-28 437-004-0780
The rate of discharge may be interpolated for intermediate values of surface area. For
containers with total outside surface area greater than 2,000 square feet, calculate the
required flow rate using the formula, Flow Rate – CFM Air = 53.632 A0.82.
A = total outside surface area of the container in square feet.
Valves not marked “Air” have flow rate marking in cubic feet per minute of liquefied
petroleum gas. Convert these to ratings in cubic feet per minute of air by multiplying the
liquefied petroleum gas ratings by factors listed below. Convert air flow ratings to ratings
in cubic feet per minute of liquefied petroleum gas by dividing the air ratings by the
factors listed below.
Air Conversion Factors
Container type
Air conversion factor
100
1.162
125
1.142
150
1.113
175
1.078
200
1.010
(C) Minimum Required Rate of Discharge for Safety Relief Valves for Liquefied
Petroleum Gas Vaporizers (Steam Heated, Water Heated, and Direct Fired).
Determine the minimum required rate of discharge for safety relief valves as follows:
(i) Obtain the total surface area by adding the surface area of the vaporizer shell
in square feet directly in contact with LP-Gas and the heat exchanged surface
area in square feet directly in contact with LP-Gas.
(ii) Obtain the minimum required rate of discharge in cubic feet of air per minute,
at 60 degrees F. and 14.7 p.s.i.a. from (3)(i)(B) above, for this total surface area.
(D) Container and vaporizer safety relief valves must be set to start-to-discharge, with
relation to the design pressure of the container, according to Table 4.
(E) Safety relief devices used with systems having other than DOT containers must
discharge at not less than the rates in (3)(i)(B) above, before the pressure is more
than 120 percent of the maximum (not including the 10 percent in (3)(i)(D) above)
permitted start to discharge pressure setting of the device.
Table 4
Containers
Minimum
(percent)
Maximum
(percent)
ASME Code; Par. U-68, U-69 1949 and earlier editions
110
1
25
ASME Code; Par. U-200, U-201 1949 editions
88
1
100
ASME Code – 1950, 1952, 1956, 1959, 1962, 1965 and
1968 (Division I) editions
88
1
100
API-ASME Code – all editions
88
1
100
DOT – As prescribed in 49 CFR Chapter I
1
Manufacturers of safety relief valves are allowed a plus tolerance not more than 10 percent of the set
pressure marked on the valve.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-29 (3)(i)(F) – (3)(i)(M)
(F) Some places have continuous high temperatures that require storage of a lower
vapor pressure product or the use of a higher designed pressure vessel to prevent
the safety valves opening. As an alternative use cooling devices like sprayers, shade
or other methods.
(G) Place safety relief valves to discourage tampering. If pressure setting or
adjustment is external, the relief valves must have approved means for sealing
adjustment.
(H) Shutoff valves must not be between the safety relief devices and the container, or
the equipment or piping to which the safety relief device is connected unless there is
full required capacity flow through the safety relief device.
(I) Safety relief valves must have direct communication with the vapor space of the
container at all times.
(J) Mark each container safety relief valve used with systems covered by OAR 437-
004-0780(5), (6), and (8), except as in (6)(c)(C) as follows:
(i) “Container Type” of the pressure vessel on which the valve is designed to be
installed;
(ii) The pressure in p.s.i.g. at which the valve will discharge;
(iii) The actual rate of discharge of the valve in cubic feet per minute of air at
60 degrees F. and 14.7 p.s.i.a.;
(iv) The manufacturer’s name and catalog number, for example: T200-250-4050
AIR – indicating that the valve is suitable for use on a Type 200 container that it is
set to start to discharge at 250 p.s.i.g., and
(v) That its rate of discharge is 4,050 cubic feet per minute of air as noted in OAR
437-004-0780(i)(B).
(K) Safety relief valve assemblies, including their connections, must provide the rate
of flow required for the container on which they are installed.
(L) A hydrostatic relief valve must be between each pair of shut-off valves on
liquefied petroleum gas liquid piping to discharge into a safe atmosphere. The start-
to-discharge pressure setting must not be more than 500 p.s.i.g. The minimum
setting on relief valves in piping connected to other than DOT containers must not be
lower than 140 percent of the container relief valve setting and in piping connected to
DOT containers not lower than 400 p.s.i.g. The start-to-discharge pressure setting of
a relief valve installed on the discharge side of a pump, must be more than the
maximum pressure permitted by the recirculation device in the system.
(M) Safety relief devices must not discharge in or beneath a building, except devices
covered by OAR 437-004-0780(3)(f)(A)(i) through (iv), or (4)(d)(A) or (e).
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(i)(N) – (3)(j)(A) H-30 437-004-0780
(N) Container safety relief devices and regulator relief vents must be at least 5 feet
in any direction from air openings into sealed combustion system appliances or
mechanical ventilation air intakes.
(j) Vaporizer and housing.
(A) Indirect fired vaporizers using steam, water, or other heating medium must
comply with the following:
(i) Vaporizers must comply with OAR 437-004-0780(3)(b)(A) through (C) and
have permanent marks as follows:
(I) The code marking signifying the specifications of the vaporizer.
(II) The allowable working pressure and temperature for the vaporizer.
(III) The sum of the outside surface area and the inside heat exchange
surface area in square feet.
(IV) The name or symbol of the manufacturer.
(ii) Vaporizers with an inside diameter of 6 inches or less exempted by the ASME
Unfired Pressure Vessel Code, Section VIII of the ASME Boiler and Pressure
Vessel Code – 1968 must have a design pressure not less than 250 p.s.i.g. and
need no permanent marks.
(iii) Do not install heating or cooling coils inside a storage container.
(iv) Vaporizers are acceptable in buildings, rooms, sheds, or lean-tos used
exclusively for gas manufacturing or distribution, or in other structures of light,
noncombustible construction or equivalent, well ventilated near the floor line and
roof.
When vaporizing and/or mixing equipment is in a structure or building not used
exclusively for gas manufacturing or distribution, either attached to or within such
a building, separate the structure or room from the rest of the building with a wall
that will withstand a static pressure of at least 100 pounds per square foot. This
wall must have no openings or pipe or conduit passing through it. Such structure
or room must have enough ventilation and must have a roof or at least one
exterior wall of lightweight construction.
(v) Vaporizers must have, at or near the discharge, a relief valve with a discharge
rate complying with OAR 437-004-0780(3)(i)(C), except as in (4)(d)(F)(i).
(vi) The heating medium lines into and leaving the vaporizer must have
suitable means for preventing gas flow into the heat systems in the event of tube
rupture in the vaporizer. Vaporizers must have suitable automatic means to
prevent liquid passing through the vaporizers to the gas discharge piping.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-31 (3)(j)(A) – (3)(j)(C)
(vii) The device that supplies the necessary heat for producing steam, hot water,
or other heating medium may be in a building, compartment, room, or lean-to that
must have ventilation near the floorline and roof to the outside. A wall that can
withstand a static pressure of at least 100 pounds per square foot must separate
the device from all compartments or rooms that have liquefied petroleum gas
vaporizers, pumps, and central gas mixing devices. This wall must have no
openings or pipes or conduit passing through it. This requirement does not apply
to the domestic water heaters that may supply heat for a vaporizer in a domestic
system.
(viii) Gas-fired heating systems supplying heat exclusively for vaporization
purposes must have automatic devices to shut off the flow of gas to main
burners, if the pilot light should fail.
(ix) Vaporizers may be an integral part of a fuel storage container directly
connected to the liquid section or gas section or both.
(x) Vaporizers must not have fusible plugs.
(xi) Vaporizer houses must not have unprotected drains to sewers or sump pits.
(B) Atmospheric vaporizers using heat from the ground or surrounding air must be as
follows:
(i) Buried underground, or
(ii) Inside the building close to a point at which pipe enters the building if the
capacity of the unit does not exceed 1-quart.
(iii) Vaporizers of less than 1-quart capacity heated by the ground or surrounding
air, need not have relief valves if adequate tests show that the assembly is safe
without them.
(C) Make, mark and install direct gas-fired vaporizers as follows:
(i)
(I) In accordance with the requirements of the American Society of
Mechanical Engineers Boiler and Pressure Vessel Code 1968 that are
applicable to the maximum working conditions for which the vaporizer is
designed.
(II) With the name of the manufacturer; rated B.t.u. input to the burner; the
area of the heat exchange surface in square feet; the outside surface of the
vaporizer in square feet; and the maximum vaporizing capacity in gallons per
hour.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(j)(C) H-32 437-004-0780
(ii)
(I) Vaporizers may be connected to the liquid section or the gas section of the
storage container, or both; but in any case there must be at the container a
manually operated valve in each connection to permit completely shutting off
when desired, of all flow of gas or liquid from container to vaporizer.
(II) Vaporizers with capacity not more than 35 gallons per hour must be at
least 5 feet from container shutoff valves. Vaporizers with capacity of more
than 35 gallons but not more than 100 gallons per hour must be at least
10 feet from the container shutoff valves. Vaporizers with a capacity more
than 100 gallons per hour must be at least 15 feet from container shutoff
valves.
(iii) Vaporizers may be in buildings, rooms, housings, sheds, or lean-tos used
exclusively for vaporizing or mixing of liquefied petroleum gas. Vaporizing
housing structures must be of non-combustible construction, well ventilated near
the floorline and the highest point of the roof. When vaporizer and/or mixing
equipment is located in a structure or room attached to or within a building, such
structure or room must be separated from the remainder of the building by a wall
that can withstand a static pressure of at least 100 pounds per square foot. This
wall must have no openings or pipes or conduit passing through it. Such
structure or room must have adequate ventilation, and must have a roof or at
least one exterior wall of lightweight construction.
(iv) Vaporizers must have at or near the discharge, a relief valve with an effective
discharge rate complying with OAR 437-004-0780(3)(i)(C). The relief valve must
not be subjected to temperatures more than 140 degrees F.
(v) Vaporizers must have suitable automatic means to prevent liquid passing from
the vaporizer to the gas discharge piping of the vaporizer.
(vi) Vaporizers must have means for manually turning off the gas to the main
burner and pilot.
(vii) Vaporizers must have automatic devices to shut off the flow of gas to main
burners if the pilot light should fail. When the flow through the pilot is more than
2,000 B.t.u. per hour, the pilot also must have an automatic device to shut off the
flow of gas to the pilot if the pilot flame goes out.
(viii) Pressure regulating and pressure reducing equipment if within 10 feet of a
direct fire vaporizer must be separated from the open flame by a substantially
airtight noncombustible partition or partitions.
(ix) Except as in (iii), keep the following minimum distances between direct fired
vaporizers and the nearest building or group of buildings:
Ten feet for vaporizers with a capacity of 15 gallons per hour or less
vaporizing capacity.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-33 (3)(j)(C) – (3)(j)(D)
Twenty-five feet for vaporizers with a vaporizing capacity of 16 to 100 gallons
per hour.
Fifty feet for vaporizers with a vaporizing capacity more than 100 gallons per
hour.
(x) Direct fired vaporizers must not raise the product pressure above the design
pressure of the vaporizer equipment or raise the product pressure within the
storage container above the pressure in the second column of Table H-8.
(xi) Vaporizers must not have fusible plugs.
(xii) Vaporizers must not have unprotected drains to sewers or sump pits.
(D) Install and use direct gas-fired tank heaters as follows:
(i) Direct gas-fired tank heaters, and tanks to which they are applied, must only be
aboveground.
(ii) Tank heaters must have permanent markings with the name of the
manufacturer, the rated B.t.u. input to the burner, and the maximum vaporizing
capacity in gallons per hour.
(iii) Tank heaters may be an integral part of a fuel storage container directly
connected to the container liquid section, or vapor section, or both.
(iv) Tank heaters must have a means for manually turning off the gas to the main
burner and pilot.
(v) Tank heaters must have an automatic device to shut off the flow of gas to
main burners, if the pilot light should fail. When flow through pilot exceeds
2,000 B.t.u. per hour, the pilot also must have an automatic safety device to
shut off the gas to the pilot if the pilot flame goes out.
(vi) Separate pressure regulating and pressure reducing equipment if within
10 feet of a direct fired tank heater, from the open flame by a substantially airtight
noncombustible partition.
(vii) Keep these minimum distances between a storage tank heated by a direct
fired tank heater and the nearest important building or group of buildings:
Ten feet for storage containers of less than 500 gallons water capacity.
Twenty-five feet for storage containers of 500 to 1,200 gallons water capacity.
Fifty feet for storage containers of over 1,200 gallons water capacity.
(viii) No direct fired tank heater must raise the product pressure within the
storage container over 75 percent of the pressure set out in the second column of
Table H-8.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(j)(E) – (3)(k)(A) H-34 437-004-0780
(E) The vaporizer section of vaporizer-burners used for dehydrators or dryers must
be outside of buildings and as follows:
(i) Vaporizer-burners must have a minimum design pressure of 250 p.s.i.g. with a
factor of safety of five.
(ii) Manually operated positive shut-off valves must be at the containers to shut
off all flow to the vaporizer-burners.
(iii) Minimum distances between storage containers and vaporizer-burners is as
follows:
Water capacity per container (gallons)
Minimum distances (feet)
Less than 501 .....................…………………..
501 to 2,000 ........................…………………..
Over 2,000 ..........................…………………..
10
25
50
(iv) The vaporizer section of vaporizer-burners must have a hydrostatic relief
valve. The relief valve must not be subjected to temperatures more than of
140 degrees F. The start-to-discharge pressure setting must be set protect the
components involved, but not less than 250 p.s.i.g. The discharge must be
upward and away from component parts of the equipment and away from
operating personnel.
(v) Vaporizer-burners must have means for manually turning off the gas to the
main burner and pilot.
(vi) Vaporizer-burners must have automatic devices to shut off the flow of gas to
the main burner and pilot if it goes out.
(vii) Locate or protect pressure regulating and control equipment so that the
temperatures surrounding this equipment do not exceed 140 degrees F. except
that you may use equipment components at higher temperatures if designed to
withstand such temperatures.
(viii) Pressure regulating and control equipment when downstream of the
vaporizer must be able to withstand the maximum discharge temperature of the
vapor.
(ix) The vaporizer section of vaporizer-burners must not have fusible plugs.
(x) Vaporizer coils or jackets must be ferrous metal or high temperature alloys.
(xi) Equipment using vaporizer-burners must have automatic shutoff devices
upstream and downstream of the vaporizer section connected to operate in case
of excessive temperature, flame failure, and, if applicable, insufficient airflow.
(k) Filling densities.
(A) The “filling density” is the percent ratio of the weight of the gas in a container to
the weight of water the container will hold at 60 degrees F. Fill containers according
to the filling densities in Table 5.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-35 (3)(k)(A) Table 5 – (3)(l)(B)
Table 5 - Maximum Permitted Filling Density
Specific gravity at
60° F. (15.6 ° C.)
Aboveground containers
Underground
containers,
all capacities
0 to 1,200 U.S. gals.
(1,000) imp. gal., 4,550
liters) total water cap.
0 to 1,200 U.S. gals.
(1,000) imp. gal., 4,550
liters) total water cap.
0.496 - 0.503
.504 - .510
.511 - .519
.520 - .527
.528 - .536
.537 - .544
.545 - .552
.553 - .560
.561 - .568
.569 - .576
.577 - .584
.585 - .592
.593 - .600
Percent
41
42
43
44
45
46
47
48
49
50
51
52
53
Percent
44
45
46
47
48
49
50
51
52
53
54
55
56
Percent
45
46
47
48
49
40
51
52
53
54
55
56
57
(B) Except as in (3)(k)(C) below, any container including mobile cargo tanks and
portable tank containers, shipped under DOT jurisdiction or made according to
49 CFR Chapter I Specifications must be charged according to 49 CFR Chapter I
requirements.
(C) Portable containers not subject to DOT jurisdiction (such as, but not limited to,
motor fuel containers on industrial and lift trucks, and farm tractors in OAR 437-004-
0780(6), or containers recharged at the installation) may be filled either by weight, or
by volume using a fixed length dip tube gaging device.
(l) LP-Gas in buildings.
(A) Pipe vapor into buildings at pressures more than 20 p.s.i.g. only if the buildings
or separate areas, (a) comply with this section; (b) are used only for vaporization
equipment, pressure reduction, gas mixing, gas manufacturing, or distribution, or
to house internal combustion engines, industrial processes, research and
experimental laboratories, or equipment and processes using such gas and with a
similar hazard; (c) buildings, structures, or equipment under construction or
undergoing major renovation.
(B) Liquid is permitted in buildings as follows:
(i) Buildings, or separate areas of buildings, used exclusively to house equipment
for vaporization, pressure reduction, gas mixing, gas manufacturing, or
distribution, or to house internal combustion engines, industrial processes,
research and experimental laboratories, or equipment and processes using
such gas and having a similar hazard; and when such buildings, or separate
areas are constructed according to this section.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(l)(B) – (3)(m)(A) H-36 437-004-0780
(ii) Buildings, structures, or equipment under construction or undergoing major
renovation if the temporary piping meets the following conditions:
(I) Liquid piping inside the building must conform to the requirements of
OAR 437-004-0780(3)(g), and must not exceed three-fourths iron pipe size.
Copper tubing with an outside diameter of 3/4-inch or less is acceptable if it
conforms to Type K of Specifications for Seamless Water Tube, ANSI H23.1-
1970 (ASTM B88-69) (see Table 24). All such piping must have protection
against construction hazards. Liquid piping inside buildings must be kept
to a minimum. Fasten such piping securely to walls or other surfaces for
adequate protection from breakage and place it to subject the liquid line to
lowest ambient temperatures.
(II) There must be a shutoff valve in each intermediate branch line where it
takes off the main line. A shutoff valve must also be at the appliance end of
the intermediate branch line. Such shutoff valves must be upstream of any
flexible connector used with the appliance.
(III) Suitable excess flow valves must be in the container outlet line supplying
liquid LP-Gas to the building. A suitable excess flow valve must be
immediately downstream of each shutoff valve. Suitable excess flow valves
must be installed and sized where piping size is reduced.
(IV) Hydrostatic relief valves must comply with OAR 437-004-0780(3)(i)(l).
(V) Do not use hose to carry liquid between the container and the building or
at any point in the liquid line, except at the appliance connector.
(VI) Where flexible connectors are necessary for appliance installation, make
them as short as practicable and they must comply with OAR 437-004-0780
(3)(g)(B) or (h).
(VII) Minimize the release of fuel by either of the following methods when any
section of piping or appliances is disconnected:
(C) Using an approved automatic quick-closing coupling (a type closing in both
directions when coupled in the fuel line), or
(D) Closing the valve nearest to the appliance and allowing the appliance to operate
until the fuel in the line is consumed.
(E) Do not take portable containers into buildings except as in OAR 437-004-0780
(3)(e)(A).
(m) Transfer of liquids. The employer must assure that:
(A) At least one attendant stays close to the transfer connection, during the transfer
of the product.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-37 (3)(m)(B) – (3)(m)(L)
(B) Do not use or refill containers made according to 49 CFR Part 178 and
authorized by 49 CFR Chapter 1 as a “single trip” or “nonrefillable container.”
(C) Do not vent gas or liquid to the atmosphere while transferring contents of one
container to another, except as in OAR 437-004-0780(6)(e)(D). This does not
preclude the use of listed pumps that use LP-Gas vapor as a source of energy. They
may vent to the atmosphere at a rate not more than that from a .1200-inch opening.
Such venting and liquid transfer must be at least 50 feet from the nearest building.
(D) Filling of fuel containers for industrial trucks or motor vehicles from industrial bulk
storage containers must be at least 10 feet from the nearest masonry-walled building
or at least 25 feet from the nearest building or other construction and in any case, not
less than 25 feet from any building opening.
(E) Filling of portable containers, containers on skids, fuel containers on farm
tractors, or similar applications, from storage containers used in domestic or
commercial service, must be at least 50 feet from the nearest building.
(F) The filling connection and the vent from the liquid level gages in containers, filled
at point of installation, must be at least 10 feet in any direction from air openings into
sealed combustion system appliances or mechanical ventilation air intakes.
(G) Gage and charge fuel supply containers only in the open air or in buildings
especially for that purpose.
(H) The maximum vapor pressure of the product at 100 degrees F. during transfer
into a container must comply with paragraphs OAR 437-004-0780(c)(2) and (d)(3).
(For DOT containers use DOT requirements.)
(I) Use only gases for which the system is designed, examined, and listed, particularly
regarding pressures.
(J) Pumps or compressors must be designed for use with LP-Gas. When using
compressors they must take suction from the vapor space of the container being
filled and discharge to the vapor space of the container being emptied.
(K) Pumping systems, with a positive displacement pump, must have a recirculating
device that limits the differential pressure on the pump under normal operating
conditions to its maximum differential pressure rating. Protect the discharge of the
pumping system so that pressure is never more than 350 p.s.i.g. If a recirculation
system discharges into the supply tank and has a manual shutoff valve, there must
be an adequate secondary safety recirculation system that has no means of making
it inoperative. Manual shutoff valves in recirculation systems must be open except
during an emergency or when the system is under repair.
(L) When necessary, unloading piping or hoses must have suitable bleeder valves to
relieve pressure before disconnection.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(m)(M) – (3)(n)(H) H-38 437-004-0780
(M) Agricultural air moving equipment, including crop dryers, must be off when filling
supply containers unless the air intakes and sources of ignition are at least 50 feet
from the container.
(N) Agricultural equipment using open flames or equipment with integral containers,
such as flame cultivators, weed burners, and, tractors, must be off during refueling.
(n) Tank car or transport truck loading or unloading points and operations.
(A) The track of tank car sidings must be relatively level.
(B) A “Tank Car Connected” sign, as covered by DOT rules, must be at the active
end or ends of the siding while the tank car is connected.
(C) While cars are on sidetrack for loading or unloading, block the wheels at both
ends.
(D) The employer must insure that an employee is always present during loading or
unloading of tank cars or trucks.
(E) A backflow check valve, excess-flow valve, or a shutoff valve with means of
remote closing, to protect against uncontrolled discharge of LP-Gas from storage
tank piping must be close to the point where the liquid piping and hose or swing joint
pipe connect.
(F) Except as in (3)(n)(G) below, when the size (diameter) of the loading or unloading
hoses and/or piping is reduced below the size of the tank car or transport truck
loading or unloading connections, the adaptors to which lines are attached must have
either a backflow check valve, a properly sized excess flow valve, or shutoff valve
with means of remote closing, to protect against uncontrolled discharge from the tank
car or transport truck.
(G) The requirement of (3)(n)(F) above does not apply if the tank car or transport has
a quick-closing internal valve that remotely closes.
(H) The location of the tank car or transport truck loading or unloading point must
consider the following:
(i) Nearness to railroads and highway traffic.
(ii) With respect to buildings on installer’s property.
(iii) Nature of occupancy.
(iv) Topography.
(v) Type of construction of buildings.
(vi) Number of tank cars or transport trucks that may be safely loaded or
unloaded at one time.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-39 (3)(n)(H) – (3)(p)(E) Table 6
(vii) Frequency of loading or unloading.
(I) Where practical, the distance of the unloading or loading point must conform to the
distances in OAR 437-004-0780(3)(e)(B).
(o) Instructions. Personnel performing installation, removal, operation, and
maintenance work must have proper training.
(p) Electrical equipment and other sources of ignition.
(A) Fixed electrical equipment in classified areas must comply with OAR 437-004-
0780(q). Other electrical equipment and wiring must comply with Subdivision 4/S.
(B) There must be no open flames or other sources of ignition in vaporizer rooms
(except those housing direct-fired vaporizers), pump houses, container charging
rooms or other similar locations. Direct-fired vaporizers may not be in pump houses
or container charging rooms.
(C) Liquefied petroleum gas storage containers do not require lightning protection.
(D) Since liquefied petroleum gas is in a closed system of piping and equipment, the
system does not need to be electrically conductive or electrically bonded for
protection against static electricity.
(E) Open flames, cutting or welding, portable electric tools, and extension lights
capable of igniting LP-Gas, must not be in classified areas in Table 6 unless the LP-
Gas facilities are free of all liquid and vapor.
Table 6
Part
Location
Extent of classification area
1
Equipment shall be
suitable for Class 1,
Group D
2
A
Storage containers other
than DOT cylinders.
When 15 feet in all directions from
connections, except connections otherwise
covered in Table 28
Division 2
B
Tank vehicle and car
loading and unloading
3
.
Within 5 feet in all directions from connections
regularly made or disconnected for product
transfer
Division 1
Beyond 5 feet but within 15 feet in all directions
from a point where connections are regularly
made or disconnected and within the cylindrical
volume between the horizontal equator of the
sphere and grade. (See Figure 1)
Division 2
C
Gage vent openings other
than those on DOT cylin-
ders.
Within 5 feet in all directions from point of
discharge
Division 1
Beyond 5 feet but within 15 feet in all directions
from point of discharge
Division 2
(continued on next page.)
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(p)(E) Table 6 H-40 437-004-0780
Table 6 (Continued)
Part
Location
Extent of classification area
1
Equipment shall be
suitable for Class 1,
Group D
2
D
Relief valve discharge
other than those on DOT
cylinders.
Within direct path of discharge
Division 1
Within 5 feet in all directions from point of
discharge
Division 1
Beyond 5 feet but within 15 feet in all directions
from point of discharge except within the direct
path of discharge
Division 2
E
Pumps, compressors,
gas-air mixers and
vaporizers other than
direct fired.
..............................................……………………
Indoors without
ventilation.
Entire room and any adjacent room not
separated by a gas-tight partition
Division 1
Within 15 feet of the exterior side of any
exterior wall or roof that is not vapor-tight or
within 15 feet of any exterior opening
Division 2
Indoors with adequate
ventilation
4
Entire room and any adjacent room not
separated by a gas-tight partition
Division 2
Outdoors in open air at or
above grade.
Within 15 feet in all directions from this
equipment and within the cylindrical volume
between the horizontal equator of the sphere
and grade. (See Figure 1)
Division 2
F
Service Station
Dispensing Units.
Entire space within dispenser enclosure, and
18 inches horizontally from enclosure exterior
up to an elevation 4 feet above dispenser base.
Entire pit or open space beneath dispenser
Division 1
Up to 18 inches above grade within 20 feet
horizontally from any edge of enclosure
Division 2
NOTE: For pits within this area, see Part F of
this table.
G
Pits or trenches contain-
ing or located beneath
LP-Gas valves, pumps,
compressors, regulators,
and similar equipment.
.........................................................……………
Without mechanical
ventilation
Entire pit or trench
Division 1
Entire room and any adjacent room not
separated by a gas-tight partition
Division 1
Within 15 feet in all directions from pit or trench
when located outdoors
Division 2
With adequate
mechanical ventilation
Entire pit or trench
Division 2
Entire room and any adjacent room not
separated by a gas-tight partition
Division 2
Within 15 feet in all directions from pit or trench
when located outdoors
Division 2
(continued on next page.)
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-41 (3)(p)(E) Table 6
Table 6 (Continued)
Part
Location
Extent of classification area
1
Equipment shall be
suitable for Class 1,
Group D
2
H
Special buildings or
rooms for storage of
portable containers.
Entire room
Division 2
Pipelines and
connections containing
operational bleeds, drips,
vents or drains.
Within 5 feet in all directions from point of
discharge
Beyond 5 feet from point of discharge, same as
Part E of this table
Division 1
J
Container filling:
Indoors without ventilation
Entire room
Division 1
Within 5 feet in all directions from connections
regularly made or disconnected for product
transfer
Division 1
Indoors with adequate
ventilation
4
Beyond 5 feet and entire room
Division 2
Outdoors in open air
Within 5 feet in all directions from connections
regularly made or disconnected for product
transfer
Division 1
Beyond 5 feet but within 15 feet in all directions
from a point where connections are regularly
made or disconnected and within the cylindrical
volume between the horizontal equator of the
sphere and grade. (See Figure 1)
Division 2
1
The classified area must not go beyond an unpierced wall, roof, or solid vapor-tight partition.
2
See Subpart S of this part.
3
When classifying extent of hazardous area, consider possible variations in the spotting of tank cars and tank vehicles at
the unloading points and the effect these variations of actual spotting point may have on the point of connection.
4
Ventilation, either natural or mechanical, is adequate when the concentration of the gas in a gas-air mixture does not
exceed 25 percent of the lower flammable limit.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(p)(E) Figure 1 – (3)(r)(D) H-42 437-004-0780
Figure 1
(q) Fixed electrical equipment in classified areas. Fixed electrical equipment and
wiring in classified areas in Table 6 must comply with Table 6 and Subdivision 4/S.
This provision does not apply to fixed electrical equipment at residential or commercial
installations of LP-Gas systems or to systems covered by OAR 437-004-0780(4).
(r) Liquid-level gaging device.
(A) Each container made after December 31, 1965, and filled on a volumetric basis
must have a fixed liquid-level gage to indicate the maximum filling level as in OAR
437-004-0780(b)(19)(v). Each container made after December 31, 1969, must have
permanently attached to the container adjacent to the fixed level gage a marking
showing the percentage full that will be shown by that gage. When there is also a
variable liquid-level gage, the fixed gage will also serve as a way to check the
variable gage. OAR 437-004-0780(b)(12) requires these gages in charging
containers.
(B) Arrange all variable gaging devices so that the maximum allowed liquid level for
butane, for a 50 – 50 mixture of butane and propane, and for propane, is readily
determinable. The markings indicating the various liquid levels from empty to full
must be on the system nameplate or gaging device or part may be on the system
nameplate and part on the gaging device. Dials of magnetic or rotary gages must
show whether they are for cylindrical or spherical containers and whether for
aboveground or underground service. The dials of gages intended for use only on
aboveground containers of over 1,200 gallons water capacity must be so marked.
(C) Gaging devices that require bleeding of the product to the atmosphere, such as
the rotary tube, fixed tube, and slip tube, must have a bleed valve maximum opening
not larger than .0550-inch, unless they have an excess flow valve.
(D) Gaging devices must have a design working pressure of at least 250 p.s.i.g.
Figure 1
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-43 (3)(r)(E)
(E) Length of tube or position of fixed liquid-level gage must indicate the maximum fill
level of the container for the product contained. This level must be based on the
volume of the product at 40 degrees F. at its maximum permitted filling density for
aboveground containers and at 50 degrees F. for underground containers. The
employer must calculate the filling point for which the fixed liquid level gage must be
designed according to the method in this subdivision.
(i) It is impossible to set out in a table the length of a fixed dip tube for various
capacity tanks because of the varying tank diameters and lengths and because
the tank may be installed either in a vertical or horizontal position. Knowing the
maximum permitted filling volume in gallons, however, the length of the fixed
tube can be determined by the use of a strapping table obtained from the
container manufacturer. The length of the fixed tube should be such that when its
lower end touches the surface of the liquid in the container, the contents of the
container will be the maximum permitted volume as determined by the following
formula:
[(Water capacity (gals.) of container* X filling density**) ÷ (Specific gravity of LP-Gas* X
volume correction factor X 100)] = Maximum volume of LP-Gas
* Measured at 60 degrees F.
** From subparagraph (12) of this paragraph “Filling Densities.”
For aboveground containers the liquid temperature is assumed to be 40 degrees
F. and for underground containers the liquid temperature is assumed to be
50 degrees F. To correct the liquid volumes at these temperatures to 60 degrees
F. the following factors shall be used.
(ii) Formula for determining maximum volume of liquefied petroleum gas for
which a fixed length of dip tube must be set:
Table 7 – Volume Correction Factors
Specific gravity
Aboveground
Underground
0.500
.510
.520
.530
.540
.550
.560
.570
.580
.590
1.033
1.031
1.029
1.028
1.026
1.025
1.024
1.023
1.021
1.020
1.017
1.016
1.015
1.014
1.013
1.013
1.012
1.011
1.011
1.010
(iii) The maximum volume of LP-Gas that can be in a container when determining
the length of the dip tube expressed as a percentage of total water content of the
container is calculated by the following formula.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(r)(E) – (3)(r)(H) H-44 437-004-0780
(iv) The maximum weight of LP-Gas which may be placed in a container for
determining the length of a fixed dip tube is determined by multiplying the
maximum volume of liquefied petroleum gas obtained by the formula in (3)(r)(E)(i)
above by the pounds of liquefied petroleum gas in a gallon at 40 degrees F. for
aboveground and at 50 degrees F. for underground containers. For example,
typical pounds per gallon are below:
Example: Assume a 100-gallon total water capacity tank for aboveground storage of
propane having a specific gravity of 0.510 of 60º F.
[(100 (gals.) X 42 (filling density from OAR 437-004-0780(3)(k)) ÷ (0.510 X 1.031
(correction factor from Table 7) X 100)] = (4200 ÷ 52.6)
(4200 ÷ 52.6) = 79.8 gallons propane, the maximum amount permitted to be placed in a
100-gallon total water capacity aboveground container with a fixed dip tube.
[(Maximum volume of LP-Gas (from formula in Table 7) X 100) ÷ Total water content of
container in gallons] = Maximum percent of LP-Gas
Aboveground,
pounds per gallon
Underground,
pounds per gallon
Propane
N Butane
4.37
4.97
4.31
4.92
(F) Fixed liquid-level gages on containers other than DOT containers must be
stamped on the exterior of the gage with the letters “DT” followed by the vertical
distance (expressed in inches and carried out to one decimal place) from the top of
container to the end of the dip tube or to the centerline of the gage when it is at the
maximum permitted filling level. For portable containers that may be filled in the
horizontal and/or vertical position the letters “DT” must be followed by “V” with the
vertical distance from the top of the container to the end of the dip tube for vertical
filling and with “H” followed by the proper distance for horizontal filling. For DOT
containers the stamping must be both on the exterior of the gage and on the
container. On aboveground or cargo containers where the gages are positioned at
specific levels, the marking may be in percent of total tank contents and the
marking must be on the container.
(G) Columnar gage glasses must be restricted to charging plants where the fuel is
withdrawn in the liquid only. They must have valves with metallic handwheels,
excess flow valves, and extra-heavy glass adequately protected with a metal housing
applied by the gage manufacturer. They must be shielded against the direct rays of
the sun. Do not use columnar gage glasses on tank trucks, motor fuel tanks or on
containers used in domestic, commercial, and industrial installations.
(H) Gaging devices of the float, or equivalent type that do not require flow for their
operation and with connections extending to a point outside the container do not
have to have excess flow valves if the piping and fittings will withstand the container
pressure and are properly protected against physical damage.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-45 (3)(s)(A) – (4)(c)
(s) Requirements for appliances.
(A) Except as in (3)(s)(B) below, new commercial and industrial gas consuming
appliances must be approved.
(B) If an appliance was made to use a gas other than LP-Gas, it may be used with
LP-Gas only after it is properly converted, adapted and tested for performance before
placing it in use.
(C) Unattended heaters inside buildings for animal or poultry production or care must
have an approved automatic device to shut off the gas if the flame goes out.
(D) Install all agricultural appliances or equipment according to the requirements of
this section and the following:
(i) Domestic and commercial appliances NFPA 54-1969, Standard for the
Installation of Gas Appliances and Gas Piping.
(ii) Industrial appliances – NFPA 54A-1969, Standard for the Installation of Gas
Piping and Gas Equipment on Industrial Premises and Certain Other Premises.
(iii) Standard for the Installation and Use of Stationary Combustion Engines and
Gas Turbines – NFPA 37-1970.
(4) Cylinder systems.
(a) Application. This paragraph applies specifically to systems using DOT containers.
All requirements of OAR 437-004-0780(3) apply to this paragraph unless otherwise
noted in OAR 437-004-0780(3).
(b) Marking of containers.
(A) Container markings must comply with DOT regulations. Additional markings not
in conflict with DOT regulations are acceptable.
(B) Each container must show its water capacity in pounds or other identified unit of
weight unless it is filled and maintained only by the owner or their representative and
the water capacity is identified by a code.
(C) Each container must show its tare weight in pounds or other identified unit of
weight including all permanently attached fittings but not the cap.
(c) Description of a system. A system includes the container base or bracket,
containers, container valves, connectors, manifold valve assembly, regulators, and relief
valves.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(d)(A) – (4)(e)(A) H-46 437-004-0780
(d) Containers and regulating equipment outside of buildings or structures.
(A) Do not bury containers. This does not prohibit installation below grade level if the
container and regulating equipment do not contact the ground. The area must have
drainage and ventilate horizontally to the outside air from its lowest level. The outlet
must be at least 3 feet away from any building opening that is below it.
(B) Except as in OAR 437-004-0780(3)(i)(M), the discharge from safety relief devices
must be at least 3 feet horizontally away from any building opening below the level of
discharge and must not end beneath any building unless the space has good
ventilation and only two enclosed sides.
(C) Containers must be on a firm foundation or otherwise firmly secured. Connect
outlet pipes with a flexible or special fitting.
(e) Containers and equipment inside buildings or structures.
(A) When you must use portable containers inside buildings or structures follow (i)
through (xii) below, and other parts of this subparagraph (A) that apply.
(i) Use containers with and connect only to compatible equipment or appliances.
(ii) Systems using containers with a water capacity more than 2 1/2 pounds
(nominal 1-pound LP-Gas capacity) must have excess flow valves. The valves
must be integral either with the container valves or in the connections to the
container valve outlets. In either case, an excess flow valve must prevent strain
beyond the excess flow valve from causing a break between the container and
the valve.
(iii) Regulators must be connect directly either to the container valves or to
manifolds connected to the container values. The regulator must be suitable for
use with LP-Gas. Manifolds and fittings connecting containers to pressure
regulator inlets must withstand at least 250 p.s.i.g. service pressure.
(iv) Protect valves on containers with a water capacity more than 50 pounds
(nominal 20 pounds LP-Gas capacity) while in use.
(v) Containers must have markings that comply with OAR 437-004-0780(3)(d)(C)
and (4)(b).
(vi) Pipe or tubing must conform to OAR 437-004-0780(3)(g). Do not use
aluminum pipe or tubing.
(vii)
(I) Hose must have a working pressure of at least 250 p.s.i.g. Hose and hose
connections must be listed by a nationally recognized testing laboratory. The
hose length may be more than the length in OAR 437-004-0780(3)(h)(G)(ii),
but must be as short as practicable. Refer to §1910.7 for definition of
nationally recognized testing laboratory.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-47 (4)(e)(A) – (4)(e)(C)
(II) Hose must be long enough to permit compliance with spacing provisions
of this subparagraph without kinking or straining or causing hose to be so
close to a burner as to be damaged by heat.
(viii) Portable heaters, including salamanders, must have an approved automatic
device to shut off the gas if the flame goes out. Heaters with inputs more than
50,000 B.t.u. made on or after May 17, 1967, and heaters with inputs more than
100,000 B.t.u. made before May 17, 1967, must have either:
(I) A pilot that must light before the main burner can be turned on; or
(II) An electric ignition system.
This paragraph (viii) does not apply to tar kettle burners, torches, melting pots,
nor to portable heaters less than 7,500 B.t.u.h. input used with containers with
a maximum water capacity of 2 1/2 pounds. Do not use container valves,
connectors, regulators, manifolds, piping, and tubing as structural supports for
heaters.
(ix) Locate containers, regulating equipment, manifolds, pipe, tubing, and hose to
minimize exposure to abnormally high temperatures, physical damage, or
tampering by unauthorized persons.
(x) Locate and use heat producing equipment in a way that minimizes the
possibility of ignition of combustibles.
(xi) Containers with a water capacity more than 2 1/2 pounds (nominal 1-pound
LP-Gas capacity) connected for use, must be upright on a firm and level surface.
(xii) Containers, including the valve protective devices, must be installed to
minimize the probability of impingement of discharge of safety relief devices on
containers.
(B) Containers with a maximum water capacity of 2 1/2 pounds (nominal 1-pound
LP-Gas capacity) are allowed inside buildings as part of approved self-contained
hand torch assemblies or similar appliances.
(C) You may use containers in buildings or structures under construction or major
renovation and not occupied by the public, as follows:
(i) The maximum water capacity of individual containers is 245 pounds (nominal
100 pounds LP-Gas capacity).
(ii) For temporary heating such as curing concrete, drying plaster and similar
applications, heaters (other than integral heater-container units) must be at
least 6 feet from any LP-Gas container. This does not prohibit the use of heaters
designed for attachment to the container or to a supporting standard, if they do
not allow direct or radiant heat application onto the container. Blower and radiant
type heaters must not point toward any LP-Gas container within 20 feet.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(e)(C) – (4)(g)(B) H-48 437-004-0780
(iii) If two or more heater-container units, of either the integral or non-integral
type, are in an unpartitioned area on the same floor, separate them by at least
20 feet.
(iv) Storage of containers awaiting use must comply with OAR 437-004-0780(7).
(D) Containers are allowed in buildings for temporary emergency heating purposes,
to prevent damage to the buildings or contents, when the permanent heating system
is temporarily out of service, as follows:
(i) Containers and heaters must comply with and be used according to OAR 437-
004-0780(4)(e)(C).
(ii) Do not leave the temporary heating equipment unattended.
(f) Container valves and accessories.
(A) Valves in the assembly of multiple container systems must allow replacement of
containers without shutting off the flow of gas in the system.
NOTE: This does not require an automatic changeover device.
(B) Firmly attach regulators and low-pressure relief devices to the cylinder valves,
cylinders, supporting standards or the building walls. The weather must not affect
their operation.
(C) Protect valves and connections to the containers while in transit, in storage, and
while being moved into final use, as follows:
(i) By setting into the recess of the container to prevent their being struck if the
container is dropped on a flat surface, or
(ii) By ventilated cap or collar, fastened to the container and strong enough to
prevent the force of a blow from affecting the valve or other connection.
(D) Keep outlet valves tightly closed or plugged on unconnected containers, although
the containers are empty.
(E) Containers with a water capacity more than 50 pounds (approximately 21 pounds
LP-Gas capacity), recharged at the installation, must have excess flow or backflow
check valves to prevent the discharge of contents in case of failure of the filling or
equalizing connection.
(g) Safety devices.
(A) Containers must have safety devices as required by DOT regulations.
(B) A final stage regulator of an LP-Gas system (excluding any appliance regulator)
must have on the low-pressure side with a relief valve set to start to discharge within
the limits in Table 8.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
(4)(g)(B) Table 8 –
437-004-0780 H-49 (5)(b) Table 9
Table 8
Regulator delivery pressure
Relief valve start-to-discharge pressure setting
(percent of regulator delivery pressure)
Minimum
Maximum
1 p.s.i.g. or less
Above 1 p.s.i.g. but not over 3 p.s.i.g
Above 3 p.s.i.g
200
140
125
300
200
200
(C) When using a regulator or pressure relief valve inside a building for other than
purposes in OAR 437-004-0780(3)(e)(A)(i) through (vii), vent the relief valve and
the space above the regulator and relief valve diaphragms to the outside air with the
discharge outlet at least 3 feet horizontally away from any building opening below the
discharge. This does not apply to protected individual appliance regulators nor to
OAR 437-004-0780(4)(e) and (3)(i)(m).
(h) Reinstallation of containers. Do not reinstall containers unless they requalify
according to DOT regulations.
(i) Permissible product. Do not put a product in a container marked with a
service pressure less than four-fifths of the maximum vapor pressure of the product at
130 degrees F.
(5) Systems using containers other than DOT containers.
(a) Application. This paragraph applies specifically to systems using storage containers
other than those that comply with DOT specifications. OAR 437-004-0780(3) applies
unless otherwise noted in OAR 437-004-0780(3).
(b) Design pressure and classification of storage containers. Storage containers must
comply with Table 9.
Table 9
Container
type
For gasses with
vapor press. Not
to exceed lb. per
sq. in. gage at
100º F. (37.8º C.)
Minimum design pressure of container, lb. per sq. in. gage
1949 and earlier
editions of ASME
Code (Par. U-68,
U-69)
1949 edition of ASME Code (Par.
U-200, U-201); 1950, 1952, 1956,
1959, 1962, 1965 and 1968
(Division 1) editions of ASME Code
1
80
100
125
150
175
2
200
1
80
100
125
150
175
215
1
80
100
125
150
175
200
1
100
125
156
187
219
250
1
Type 80 storage containers have not been legal since Dec. 31, 1947.
2
The container type may increase in increments of 25. The minimum design pressure of containers is 100 percent of the
container type designation when made under 1949 or earlier editions of the ASME Code (Par. U-68 and U-69). The mini-
mum design pressure of containers is 125 percent of the container type designation when made under: (1) the 1949 ASME
Code (Par. U-200 and U-201), (2) 1950, 1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions of the ASME Code.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(c)(A) – (5)(c)(D) H-50 437-004-0780
(c) Container valves and accessories, filler pipes, and discharge pipes.
(A) The filling pipe inlet terminal must not be inside a building. For containers with a
water capacity of 125 gallons or more, such terminals must be at least 10 feet from
any building, 5 feet or more from a driveway (see OAR 437-004-0780(3)(e)(B)) and
in a protective housing built for the purpose.
(B) The filling connection must have one of the following:
(i) Combination back-pressure check valve and excess flow valve.
(ii) One double or two single back-pressure check valves.
(iii) A positive shutoff valve, with either:
(I) An internal back-pressure valve, or
(II) An internal excess flow valve.
(C) All openings in a container must have approved automatic excess flow valves
except in the following: Filling connections in OAR 437-004-0780(5)(c)(B); safety
relief connections, liquid-level gaging devices OAR 437-004-0780(3)(f)(D); pressure
gage connections in (3)(f)(E).
(D) If the following exist, you do not need an excess flow valve in the withdrawal
service line:
(i) Such systems’ total water capacity does not exceed 2,000 U.S. gallons.
(ii) Control of the discharge from the service outlet is by a manual shutoff valve
that is:
(I) Threaded directly into the service outlet of the container; or
(II) Is an integral part of a substantial fitting threaded into or on the service
outlet of the container; or
(III) Threaded directly into a substantial fitting threaded into or on the service
outlet of the container.
(iii) The shutoff valve has an attached handwheel or the equivalent.
(iv) The controlling orifice between the contents of the container and the outlet
of the shutoff valve is not more than 5/16-inch in diameter for vapor withdrawal
systems and 1/8-inch in diameter for liquid withdrawal systems.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-51 (5)(c)(D) – (5)(d)(A)
(v) An approved pressure-reducing regulator is directly attached to the outlet of
the shutoff valve and is rigidly supported, or that an approved pressure-reducing
regulator is attached to the outlet of the shutoff valve with a suitable flexible
connection, if the regulator has adequate support and protection on or at the tank.
(E) All inlet and outlet connections except safety relief valves, liquid level gaging
devices and pressure gages on containers of 2,000 gallons water capacity, or more,
and on any container that supplies fuel directly to an internal combustion engine,
must have labeling to show whether they communicate with vapor or liquid space.
Labels may be on valves.
(F) Instead of an excess flow valve, openings may have a quick-closing internal valve
that, except during operating periods remains closed. The internal mechanism for
such valves may have a secondary control that must have a fusible plug (not more
than 220 degrees melting point) that closes the internal valve automatically in case of
fire.
(G) There can be only two plugged openings on a container of 2,000 gallons or less
water capacity.
(H) Containers of 125 gallons water capacity or more made after July 1, 1961,
must have an approved device for liquid evacuation. The minimum size is
3/4-inch National Pipe Thread minimum. A plugged opening does not satisfy
this requirement.
(d) Safety devices.
(A) All safety devices must comply with the following:
(i) All container safety relief devices must be on the containers and have a direct
link with the vapor space of the container.
(ii) Protect safety relief device discharge terminals against physical damage and
such discharge pipes must have loose rain caps. There can be no return bends
or restrictive pipe fittings.
(iii) Discharge lines from two or more safety relief devices on the same unit, or
similar lines from two or more different units, may be run into a common
discharge header, if the cross-sectional area of the header is at least equal to the
sum of the cross-sectional areas of the individual discharge lines, and the setting
of safety relief valves are the same.
(iv) Each storage container of more than 2,000 gallons water capacity must have
a suitable pressure gage.
(v) A final stage regulator of an LP-Gas system (excluding any appliance
regulator) must have, on the low-pressure side, a relief valve set to start to
discharge within the limits in Table 8.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(d)(A) – (5)(e)(B) H-52 437-004-0780
(vi) When a regulator or pressure relief valve is inside a building, it and the
space above the regulator and relief valve diaphragms must vent to the outside
air. The discharge outlet must be at least 3 feet horizontally away from any
opening into the building that is below such discharge. (This does not apply to
protected individual appliance regulators.)
(B) Provide safety devices for aboveground containers as follows:
(i) Containers aboveground of 1,200 gallons water capacity or less that may
contain liquid fuel must have a spring-loaded relief valve or valves with a rate of
discharge required by OAR 437-004-0780(3)(i)(B). In addition to the required
spring-loaded relief valve(s), you can use suitable fuse plug(s) if their total
discharge area for each container is not more than 0.25 square inches.
(ii) The fuse plugs must melt between 208 degrees F. and 220 degrees F. Relief
valves and fuse plugs must have a direct link with the container’s vapor space.
(iii) On a container with a water capacity more than 125 gallons, but not more
than 2,000 gallons, vent the discharge from the safety relief valves away from
the container vertically upwards and unobstructed to prevent any impingement of
escaping gas upon the container. Use loose-fitting rain caps. There must be a
way to drain condensate that may accumulate in the relief valve or its discharge
pipe.
(iv) On containers of 125 gallons water capacity or less, the discharge from safety
relief devices must be at least 5 feet horizontally away from any opening into the
building below the level of the discharge.
(v) On a container with a water capacity more than 2,000 gallons, the discharge
from the safety relief valves must vent away from the container vertically upwards
to a point at least 7 feet above the container, and unobstructed to the open air in
a way that prevents any impingement of escaping gas upon the container. Use
only loose-fitting rain caps. Condensation inside the safety relief valve or its
discharge pipe must not make the valve inoperative. If there is a drain, there
must be a way to protect the system against impingement of flame from ignition of
any product escaping from the drain.
(e) Vaporizers. Safety devices for vaporizers must be provided as follows:
(A) Vaporizers of less than 1-quart total capacity, heated by the ground or the
surrounding air, need not have safety relief valves if adequate tests certified by any of
the authorities in OAR 437-004-0780(3)(b), demonstrate that the assembly is safe
without them.
(B) Vaporizers must not have fusible plugs.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-53 (5)(f) – (5)(h)(D)
(f) Reinstallation of containers. Containers may be reinstalled if they do not show any
evidence of harmful external corrosion or other damage. Containers reinstalled
underground, must have corrosion resistant coating in good condition (see OAR 437-
004-0780 (5)(h)(D)). Containers reinstalled aboveground, must have safety devices and
gaging devices that comply with OAR 437-004-0780(5)(d) and OAR 437-004-0780(3)(r)
respectively.
(g) Capacity of containers. Maximum capacity for a storage container is 90,000 gallons
water capacity.
(h) Installation of storage containers.
(A) Aboveground containers, except as in (5)(h)(G) below, must have substantial
masonry or noncombustible structural supports on firm masonry foundation.
(B) Aboveground containers have support as follows:
(i) Horizontal containers must be on saddles in such a manner as to permit
expansion and contraction. Use structural metal supports only with approved
fire protection. There must be suitable means of preventing corrosion on the
part of the container that contacts the foundations or saddles.
(ii) Containers of 2,000 gallons water capacity or less may have non-fireproofed
ferrous metal supports if mounted on concrete pads or footings, and if the
distance from the outside bottom of the container shell to the concrete pad,
footing, or the ground is not more than 24 inches.
(C) Any container may have non-fireproofed ferrous metal supports if mounted on
concrete pads or footings, and if the distance from the outside bottom of the
container to the ground is not more than 5 feet, if the container is in an isolated
location.
(D) Containers may be partially buried if the following requirements are met:
(i) The portion of the container below the surface and for a vertical distance not
less than 3 inches above the surface of the ground is protected to resist
corrosion, and the container is protected against settling and corrosion as
required for fully buried containers.
(ii) Spacing requirements must be as specified for underground tanks in OAR
437-004-0780(3)(f)(B).
(iii) Relief valve capacity must be as required for aboveground containers.
(iv) Container is not subject to vehicular damage, or has adequate protection
against such damage.
(v) Filling densities must be as required for aboveground containers.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(h)(E) – (5)(h)(G) H-54 437-004-0780
(E) The top of buried containers must be at least 6 inches below grade. Where an
underground container might be subject to abrasive action or physical damage due
to vehicular traffic or other causes, it must be:
(i) Not less than 2 feet below grade, or
(ii) Otherwise protected against such physical damage.
(iii) It will not be necessary to cover the portion of the container to which manhole
and other connections are affixed; however, where necessary, there must
be protection against vehicular damage. When necessary to prevent floating,
containers must be securely anchored or weighted.
(F)
(i) Containers must have a protective coating before being placed under ground.
This coating must be equivalent to hot-dip galvanizing or to two coatings of red
lead followed by a heavy coating of coal tar or asphalt. In lowering the container
into place, do not damage to the coating. Repair any damage to the coating must
before backfilling.
(ii) Containers must be on a firm foundation (firm earth is OK) and surrounded
with earth or sand firmly tamped in place.
(G) Containers with attached foundations (portable or semi-portable containers with
suitable steel “runners” or “skids” known in the industry as “skid tanks”) must comply
with these rules subject to the following:
(i) If they are for a given general location for a temporary period not longer than
6 months they need not have fire-resisting foundations or saddles but must have
adequate ferrous metal supports.
(ii) The outside bottom of the container shell must not be more than 5 feet above
the ground unless there are fire-resisting supports.
(iii) The bottom of the skids must be at least 2 inches but not more than
12 inches below the outside bottom of the container shell.
(iv) Flanges, nozzles, valves, fittings, and the like, having communication with the
interior of the container, must have protection against physical damage.
(v) When not permanently on fire-resisting foundations, piping connections must
be sufficiently flexible to minimize the possibility of breakage or leakage of
connections if the container settles, moves, or is otherwise displaced.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-55 (5)(h)(G) - (5)(o)
(vi) Secure skids or lugs for attachment of skids, to the container according to the
code or rules under which it was designed and built (with a minimum factor of
safety of four) to withstand loading in any direction equal to four times the weight
of the container and attachments when filled to the maximum permissible loaded
weight.
(H) Field welding where necessary must be made only on saddle plates or brackets
which were applied by the manufacturer of the tank.
(I) For aboveground containers, secure anchorage or adequate pier height must be
provided against possible container flotation wherever sufficiently high floodwater
might occur.
(J) When permanently installed containers are interconnected, compensate for
expansion, contraction, vibration, and settling of containers, and interconnecting
piping. Where flexible connections are used, they must be an approved type and
must designed for a bursting pressure of at least five times the vapor pressure of
the product at 100 degrees F. Do not use nonmetallic hose for permanently
interconnecting such containers.
(K) Container assemblies listed for interchangeable installation aboveground or
underground must conform to the requirements for aboveground installations with
respect to safety relief capacity and filling density. For installation aboveground all
other requirements for aboveground installations apply. For installation underground
all other requirements for underground installations apply.
(i) Protection of container accessories. Protect valves, regulating, gaging, and other
container accessory equipment against tampering and physical damage.
(j) Drips for condensed gas. Where vaporized gas on the low-pressure side of the
system may condense to a liquid at normal operating temperatures and pressures,
there must be suitable means for revaporization of the condensate.
(k) Damage from vehicles. Protect LP-Gas systems from vehicle traffic.
(l) Drains. Do not direct drains or blowoff lines into or near sewer systems.
(m) Lighting. Electrical equipment and installations must comply with OAR 437-004-
0780(3)(n) and (o).
(n) Vaporizers for internal combustion engines. Paragraph OAR 437-004-0780(6)(g)
applies.
(o) Gas regulating and mixing equipment for internal combustion engines.
Paragraph OAR 437-004-0780(6)(h) applies.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(6)(a)(A) – (6)(c)(B) Table 10 H-56 437-004-0780
(6) Liquefied petroleum gas as a motor fuel.
(a) Application.
(A) This applies to internal combustion engines, fuel containers, and equipment for
the use of LPG as a motor fuel on portable units including self-propelled vehicles.
(B) Paragraph OAR 437-004-0780(5) covers fuel containers and equipment for
stationary internal combustion engines using LPG. This does not apply to containers
for transportation of liquefied petroleum gases. All of OAR 437-004-0780(3) applies
to this paragraph, unless otherwise noted in OAR 437-004-0780(3).
(b) General.
(A) Do not fuel vehicles while passengers are on board.
(B) Fuels industrial trucks (including forklifts) with permanently mounted fuel tanks
outdoors. Charging equipment must comply with paragraph (8).
(C) LP-Gas fueled industrial trucks must comply with the Standard for Type
Designations, Areas of Use, Maintenance and Operation of Powered Industrial
Trucks, NFPA 505-1969.
(D) Engines on vehicles must be off while fueling if the fueling operation involves
venting to the atmosphere.
(c) Design pressure and classification of fuel containers.
(A) Except as in (6)(c)(B) and (C) below, containers must comply with Table 10.
(B) Fuel containers for use in industrial trucks (including forklifts) must be either DOT
containers authorized for LP-Gas service with a minimum service pressure of 240
p.s.i.g. or minimum Container Type 250. Under 1950 and later ASME codes, this
means a 312.5 p.s.i.g. design pressure container.
Table 10
Container
type
For gasses with
vapor press. Not
to exceed lb. per
sq. in. gage at
100º F. (37.8º C.)
Minimum design pressure of container, lb. per sq. in. gage
1949 and earlier
editions of ASME
Code (Par. U-68,
U-69)
1949 edition of ASME Code (Par.
U-200, U-201); 1950, 1952, 1956,
1959, 1962, 1965 and 1968
(Division 1) editions of ASME Code
1
200
215Z
200
250
1
Container type may be increased by increments of 25. The minimum design pressure of containers is 100
percent of the container type designation when built under 1949 or earlier editions of the ASME Code (Par.
U-68 and U-69). The minimum design pressure of containers is 125 percent of the container type
designation when built under: (1) the 1949 ASME Code (Par. U-200 and U-201), (2) 1950, 1952, 1956, 1959,
1962, 1965, and 1968 (Division 1) editions of the ASME Code.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-57 (6)(c)(C) - (6)(e)(D)
(C) Containers made and maintained under DOT specifications and regulations are
acceptable fuel containers. They must conform to all requirements of this paragraph.
(D) All container inlets and outlets except safety relief valves and gaging devices
must have labels that designate whether they link to vapor or liquid space. Labels
may be on valves.
(d) Installation of fuel containers.
(A) Containers must be in a place that minimize the possibility of damage.
Containers in the rear of trucks and buses, when protected by bumpers, comply.
Fuel containers on passenger-carrying vehicles must be as far from the engine as
practicable. There must be a seal between the passenger space or any space with
radio equipment and the container space to prevent direct seepage of gas to these
spaces. The container compartment must vent to the outside. If the fuel container is
near the engine or the exhaust system, shield it from direct heat.
(B) Mount all fuel containers to prevent jarring loose, slipping, or rotating. The
fastenings must withstand static loading in any direction equal to twice the weight of
the tank and attachments when filled using a safety factor of not less than four. Only
do field welding on saddle plates, lugs or brackets, originally attached to the
container by the manufacturer.
(C) Permanently install fuel containers on buses.
(e) Valves and accessories.
(A) Container valves and accessories must have a rated working pressure of at least
250 p.s.i.g., and suitable for use on a liquefied petroleum gas service.
(B) The filling connection must have an approved double back-pressure check valve,
or a positive shutoff in conjunction with an internal back-pressure check valve. On a
removable container the filler valve may be a hand operated shutoff valve with an
internal excess flow valve. Main shutoff valves on the container on liquid and vapor
lines must be readily accessible.
(C) With the exceptions of (D)(iii) below, filling connections with approved automatic
back-pressure check valves, and safety relief valves, all connections to containers
with openings for the flow of gas more than .055-inch must have approved automatic
excess flow valves.
(D) Liquid-level gaging devices:
(i) Do not use variable liquid-level gages that require the venting of fuel to the
atmosphere on fuel containers of industrial trucks (including forklifts).
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(6)(e)(D) – (6)(g)(B) H-58 437-004-0780
(ii) On portable containers that fill vertically and/or horizontally, the fixed liquid-
level gage must show maximum permitted filling level for both vertical and
horizontal filling with the container oriented to place the safety relief valve in
communication with the vapor space.
(iii) For containers used only on farm tractors and charged at a point at least
50 feet from any building, the fixed liquid-level gaging device may equal that
passed by a .1200-inch opening. You do not need an excess flow valve. Mark
fittings with the restricted opening and the container they are on to show the size
of the opening.
(iv) Protect all valves and connections on containers from damage. For farm
tractors where parts of the vehicle protect the valves and fittings, this requirement
is met. On removable containers the protection for the fittings must be
permanently attached.
(v) For systems with removable fuel containers, there must be a way in the
system to minimize the escape of fuel when exchanging containers. Either of
these methods are acceptable:
(I) Using an approved automatic quick-closing coupling (a type closing in both
directions when uncoupled) in the fuel line, or
(II) Closing the valve at the fuel container and allowing the engine to run until
the fuel line is empty.
(f) Piping – including pipe, tubing, and fittings.
(A) Pipe from fuel container to first-stage regulator must be at least schedule 80
wrought iron or steel (black or galvanized), brass or copper; or seamless copper,
brass, or steel tubing. Steel tubing must have a minimum wall thickness of
0.049-inch. Steel pipe or tubing must have protection against exterior corrosion.
Copper tubing must be types K or L or equivalent with a minimum wall thickness
of 0.032-inch. Approved flexible connections may be used between container and
regulator or between regulator and gas-air mixer within the limits of approval. Do
not use aluminum pipe or tubing. For removable containers use an approved flexible
connection between the container and the fuel line.
(B) Install, brace and support all piping to reduce to a minimum the possibility of
vibration strains or wear.
(g) Safety devices.
(A) Use only spring-loaded internal type safety relief valves on motor fuel containers.
(B) The discharge outlet from safety relief valves must be on the outside of enclosed
spaces and as far as practicable from possible sources of ignition. It must vent
upward within 45 degrees of the vertical to prevent impingement of escaping gas on
containers, or parts of vehicles, or on vehicles in adjacent lines of traffic. Use a rain
cap or other protector to keep water and dirt from collecting in the valve.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-59 (6)(g)(C) - (6)(i)(A)
(C) When using a discharge line from the container safety relief valve, the line must
be metallic, other than aluminum, and may not restrict the required flow of gas from
the safety relief valve. Such discharge line must be able to withstand the pressure
resulting from the discharge of vapor when the safety relief valve is fully open. When
flexibility is necessary, use flexible metal hose or tubing.
(D) You can fill portable containers with volumetric filling in either the vertical or
horizontal position only if the safety relief valve links with the vapor space.
(E) Paragraph OAR 437-004-0780(3)(i)(L) for hydrostatic relief valves applies.
(h) Vaporizers.
(A) Vaporizers and any part thereof and other devices that may be subjected to
container pressure must have a design pressure of at least 250 p.s.i.g.
(B) Each vaporizer must have a valve or suitable plug which will permit substantially
complete draining of the vaporizer. It must be located at or near the lowest portion of
the section occupied by the water or other heating medium.
(C) Securely fasten vaporizers to minimize the possibility of their becoming loose.
(D) Permanently mark each vaporizer at a visible point as follows:
(i) With the design pressure of the fuel-containing portion in p.s.i.g.
(ii) With the water capacity of the fuel-containing portion of the vaporizer in
pounds.
(E) Devices to supply heat directly to a fuel container must have an automatic device
to cut off the supply of heat before the pressure inside the fuel container reaches
80 percent of the start to discharge pressure setting of the safety relief device on the
fuel container.
(F) Engine exhaust gases are acceptable as a direct source of heat supply for the
vaporization of fuel if the materials of construction of those parts of the vaporizer in
contact with exhaust gases are resistant to the corrosive action of exhaust gases
and the vaporizer system is designed to prevent excessive pressures.
(G) Vaporizers must not have fusible plugs.
(i) Gas regulating and mixing equipment.
(A) Approved automatic pressure reducing equipment must be between the fuel
supply container and gas-air mixer to reduce the pressure of the fuel delivered to
the gas-air mixer.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(6)(i)(B) – (6)(n)(A) H-60 437-004-0780
(B) An approved automatic shutoff valve must be in the fuel system ahead of the inlet
of the gas-air mixer, to prevent flow of fuel to the mixer when the ignition is off and
the engine is not running. For industrial trucks and engines operating in buildings
other than those that exclusively house engines, the automatic shutoff valve must
operate if the engine stops. Atmospheric type regulators (zero governors) are
adequate as an automatic shutoff valve only in outdoor operation such as farm
tractors, irrigation pump engines, and on other outdoor stationary engines.
(C) The source of the air for combustion must be completely isolated from the
passenger compartment, ventilating system, or air conditioning system.
(j) Capacity of containers. No single fuel container on passenger carrying vehicles
can be more than 200 gallons water capacity. No single fuel container on other vehicles
normally operating on the highway can be more than 300 gallons water capacity.
(k) Stationary engines in buildings. Stationary engines and gas turbines in buildings,
including portable engines used instead of or to supplement stationary engines, must
comply with the Standard for the Institution and Use of Stationary Combustion Engines
and Gas Turbines, NFPA 37-1970, and OAR 437-004-0780(a), (b), and (c).
(l) Portable engines in buildings.
(A) Only use portable engines in buildings for emergencies, except as in OAR 437-
004-0780(10).
(B) Exhaust gases must discharge outside the building or to an area where they are
not hazard.
(C) There must be sufficient air for combustion and cooling.
(D) An approved automatic shutoff valve must be in the fuel system ahead of the
engine, to prevent flow of fuel to the engine when the ignition is off or if the engine
stops.
(E) The capacity of LP-Gas containers used with such engines must comply with
OAR 437-004-0780(4)(e).
(m) Industrial trucks inside buildings.
(A) LP-Gas-fueled industrial trucks are permitted in buildings and structures.
(B) No more than two LP-Gas containers can be on an industrial truck for motor fuel
purposes.
(C) Do not leave industrial trucks unattended near sources of ignition.
(n) Garaging LP-Gas-fueled vehicles.
(A) LP-Gas-fueled vehicles may be stored or serviced inside garages.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-61 (6)(n)(B) - (7)(d)(I)
(B) Keep the shutoff valve closed on LP-Gas-fueled vehicles being repaired in
garages except when the engine must run.
(7) Storage of containers awaiting use.
(a) Application. This paragraph applies to the storage of portable containers not more
than 1,000 pounds water capacity, filled or partially filled, at user location but not
connected for use.
(b) General.
(A) Do not store containers near sources of heat or ignition or near stairs or exits.
(B) Keep the outlet valves of stored containers closed.
(C) Empty containers, stored inside, that have held LP-Gas are treated like full
containers when calculating the maximum quantity of LP-Gas permitted by this
paragraph.
(c) Storage within buildings not frequented by the public (such as agricultural
buildings). Do not store more than 300 pounds (approximately 2,550 cubic feet in
vapor form) except as in (d) below.
(d) Storage within special buildings or rooms.
(A) Do not store more than 10,000 pounds of LP-Gas in special buildings or rooms.
(B) The walls, floors, and ceilings of container storage rooms that are within or next
to other parts of the building must have at least a 2-hour fire resistance rating.
(C) Part of the exterior walls or roof with an area at least 10 percent of the combined
area of the enclosing walls and roof must be of explosion relieving construction.
(D) Each opening from such storage rooms to other parts of the building must have a
1 1/2-hour (B) fire door listed by a nationally recognized testing laboratory. Refer to
§1910.7 for definition of nationally recognized testing laboratory.
(E) There must be no open flames in the rooms.
(F) The rooms must have adequate ventilation both top and bottom to the outside
only. The openings from such vents must be at least 5 feet away from any other
opening into any building.
(G) The floors of such rooms must not be below ground level.
(H) The rooms may not adjoin a property line occupied by schools, churches,
hospitals, athletic fields or other public gathering places.
(I) Fixed electrical equipment must comply with OAR 437-004-0780(3)(o).
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(7)(e)(A) – (8)(b) Table 12 H-62 437-004-0780
(e) Storage outside buildings.
(A) Storage outside buildings, for containers awaiting use, must comply with Table 11
with respect to:
(i) The nearest building or group of buildings;
(ii) Busy highways;
Table 11
Quantity of LP-Gas Stored
Distances
500 pounds or less
501 to 2,500 pounds
2,501 to 6,000 pounds
6,001 to 10,000 pounds
Over 10,000 pounds
0
1
0
10 feet
20 feet
25 feet
1
Containers must be at least 10 feet from any building on adjoining property, any
sidewalk, or busy highway or road.
(B) Containers must be in a suitable enclosure or otherwise protected against
tampering.
(f) Fire protection. Storage locations must have at least one approved portable fire
extinguisher with rating of 8-B, C or more.
(8) Liquefied petroleum gas dispensing.
(a) Application. This paragraph applies to storage containers, dispensing devices, and
equipment where LP-Gas is stored and dispensed into fuel tanks of motor vehicles. See
OAR 437-004-0780(6) for requirements covering use of LP-Gas as a motor fuel. All
requirements of OAR 437-004-0780(3) apply to this paragraph unless otherwise noted.
(b) Design pressure and classification of storage containers. Storage containers must
comply with Table 12.
Table 12
Container
type
For gasses with
vapor press. Not
to exceed lb. per
sq. in. gage at
100º F. (37.8º C.)
Minimum design pressure of container, lb. per sq. in. gage
1949 and earlier
editions of ASME
Code (Par. U-68, U-69)
1949 edition of ASME Code (Par.
U-200, U-201); 1950, 1952, 1956,
1959, 1962, 1965 and 1968
(Division 1) editions of ASME Code
1
200
215Z
200
250
1
Container type may be increased by increments of 25. The minimum design pressure of containers is
100 percent of the container type designation when constructed under 1949 or earlier editions of the ASME
Code (Par. U-68 and U-69). The minimum design pressure of containers is 125 percent of the container type
designation when constructed under: (1) The 1949 ASME Code (Paragraphs U-200 and U-201), (2) 1950,
1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions of the ASME Code.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-63 (8)(c)(A) - (8)(c)(E)
(c) Container valves and accessories.
(A) A filling connection on the container must have one of the following:
(i) A combination back-pressure check and excess flow valve.
(ii) One double or two single back-pressure valves.
(iii) A positive shutoff valve, in conjunction with either,
(I) An internal back-pressure valve, or
(II) On internal excess flow valve.
Instead of an excess flow valve, filling connections may have a quick-closing
internal valve, that must remain closed except during operating periods. The
mechanism for such valves may have a secondary control that causes it to
close automatically in case of fire. When using a fusible plug, its melting point
must not be more than 220 degrees F.
(B) A filling pipe inlet terminal not on the container must have a positive shutoff valve
in conjunction with either;
(i) A black pressure check valve, or
(ii) An excess flow check valve.
(C) All openings in the container except those below must have approved excess
flow check valves:
(i) Filling connections as in subparagraph (A) above.
(ii) Safety relief connections as in OAR 437-004-0780(3)(f)(B).
(iii) Liquid-level gaging devices as in OAR 437-004-0780(3)(f)(D).
(iv) Pressure gage connections as in OAR 437-004-0780(3)(f)(E).
(D) All container inlets and outlets except those listed below must have labels to
designate whether they connect with vapor or liquid (labels may be on valves):
(i) Safety relief valves.
(ii) Liquid-level gaging devices.
(iii) Pressure gages.
(E) Each storage container must have a suitable pressure gage.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(8)(d)(A) – (8)(e) H-64 437-004-0780
(d) Safety-relief valves.
(A) All safety-relief devices must be as follows:
(i) On the container and directly connected with the vapor space.
(ii) Safety-relief valves and discharge piping must have protection against
physical damage. The outlet must have loose-fitting rain caps. There must be no
return bends or restrictions in the discharge piping.
(iii) The discharge from two or more safety relief valves with the same pressure
settings may be run into a common discharge header. The cross-sectional area
of the header must be at least equal to the sum of the cross-sectional areas of
the individual discharges.
(iv) Safety relief devices must not discharge in or under a building
(B) Aboveground containers must have safety relief valves as follows:
(i) The rate of discharge, provided by one or more valves, must be not less than
in OAR 437-004-0780(3)(i)(B).
(ii) The discharge from safety relief valves must vent to open air unobstructed
and vertically in a way that prevents any impingement of escaping gas on the
container. Use loose-fitting rain caps. On a container with a water capacity more
than 2,000 gallons, the discharge from the safety relief valves must vent away
from the container vertically to a point at least 7 feet above it. Condensation
inside the relief valve or its discharge pipe must not make the valve inoperative.
If there is a drain, there must be a way protect the container, adjacent containers,
piping, or equipment against impingement of flame from ignition of the product
escaping from the drain.
(C) Underground containers must be provided with safety relief valves as follows:
(i) The discharge from safety-relief valves must be piped vertically upward to a
point at least 10 feet above the ground. The discharge lines or pipes must be
adequately supported and protected against physical damage.
(ii) If no liquid is put into a container until after it is buried and covered, the rate of
discharge of the relief valves may be reduced to not less than 30 percent of the
rate in OAR 437-004-0780(3)(j)(B). If liquid fuel is present during installation of
containers, the rate of discharge must be the same as for aboveground
containers. Such containers must not be uncovered until emptied of liquid fuel.
(e) Capacity of liquid containers. Individual liquid storage containers must not exceed
30,000 gallons water capacity.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-65 (8)(f)(A) - (8)(f)(B)
(f) Installation of storage containers.
(A)
(i) Each storage container used exclusively in dispensing operations must comply
with the following table that specifies minimum distances to a building and groups
of buildings.
Water capacity per
Container (gallons)
Minimum distances
Aboveground (feet)
Between aboveground
containers (feet)
Up to 2,000
Over 2,000
25
50
3
5
NOTE: The above distances may be reduced to not less than 10 feet for dispensing facility buildings
of other than wood frame construction.
(ii) There must be a 10-foot area around containers that is free of combustibles.
(iii) The minimum separation between LP-Gas containers and flammable liquid
tanks is 20 feet and the minimum separation between a container and the
centerline of the dike is 10 feet.
(iv) LP-Gas containers near flammable liquid containers must have dikes,
diversion curbs, or grading to protect against the flow or accumulation of
flammable liquids.
(v) LP-Gas containers must not be within diked areas for flammable liquid
containers.
(vi) Do field welding on saddle plates or brackets applied by the container
manufacturer.
(vii) Where flexible connections are used, they must be approved type and have
a bursting pressure of not less than five times the vapor pressure of the product
at 100 degrees F. Do not use nonmetallic hose for interconnecting such
containers.
(viii) Where there may be a high water table or flood conditions there must be
protection against container flotation.
(B) Aboveground containers must comply with this subdivision.
(i) Containers may be horizontal or vertical.
(ii) Unless protected by location, there must be protective barriers around
containers. Do not service vehicles within 10 feet of containers.
(iii) Container foundations must be masonry or other noncombustible material.
Containers must be on saddles that permit expansion and contraction.
H
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(8)(f)(C) – (8)(i)(F) H-66 437-004-0780
(C) Underground containers must be installed in accordance with this subdivision.
(i) Containers must be given a protective coating before being placed
underground. This coating must be equivalent to hot-dip galvanizing or to two
coatings of red lead followed by a heavy coating of coal tar or asphalt. In
lowering the container into place, care must be exercised to minimize abrasion or
other damage to the coating. Damage to the coating must be repaired before
backfilling.
(ii) Containers must be set on a firm foundation (firm earth may be used) and
surrounded with earth or sand firmly tamped in place. Backfill should be free of
rocks or other abrasive materials.
(iii) A minimum of 2 feet of earth cover must be provided. Where ground
conditions make compliance with this requirement impractical, equivalent
protection against physical damage must be provided. The portion of the
container to which manhole and other connections are attached need not be
covered. If the location is subjected to vehicular traffic, protect containers by a
concrete slab or other cover adequate to prevent the weight of a loaded vehicle
imposing concentrated direct loads on the container shell.
(g) Protection of container fittings. Valves, regulators, gages, and other container
fittings must have protection against tampering and physical damage.
(h) Transport truck unloading point. The filling pipe inlet terminal must not be in a
building nor within 10 feet of any building or driveway. It must be protected against
physical damage.
(i) Piping, valves, and fittings.
(A) Piping may be underground, aboveground, or a combination of both.
(B) Piping beneath driveways must have protection from vehicle damage.
(C) Piping must be wrought iron or steel (black or galvanized), brass or copper pipe;
or seamless copper, brass, or steel tubing and suitable for a minimum pressure of
250 p.s.i.g. Pipe joints may be screwed, flanged, brazed, or welded. Do not use
aluminum alloy piping or tubing.
(D) All shutoff valves (liquid or gas) must be suitable for liquefied petroleum gas
service and designed for not less than the maximum anticipated operating pressure.
Valves that may experience container pressure must have a rated working pressure
of at least 250 p.s.i.g.
(E) All materials used for valve seats, packing, gaskets, diaphragms, etc., must be
resistant to the action of LP-Gas.
(F) Fittings must be steel, malleable iron, or brass with a minimum working pressure
of 250 p.s.i.g. Do not use cast iron pipe fittings.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
LIQUEFIED PETROLEUM GASES
H
437-004-0780 H-67 (8)(i)(G) - (8)(k)(F)
(G) After assembly, test all piping to assure it is free of leaks at not less than normal
operating pressures.
(j) Pumps and accessories. All pumps and accessory equipment must be suitable for
LP-Gas service, and designed for not less than the maximum anticipated operating
pressure. Accessories must have a minimum rated working pressure of 250 p.s.i.g.
Positive displacement pumps must have suitable pressure actuated bypass valves
permitting flow from pump discharge to storage container or pump suction.
(k) Dispensing devices.
(A) Meters, vapor separators, valves, and fittings in the dispenser must be suitable
for LP-Gas service and have a minimum working pressure of 250 p.s.i.g.
(B) Vent LP-Gas in a dispensing device to a safe location.
(C) Pumps used to transfer LP-Gas must allow control of the flow and prevent
leakage or accidental discharge. There must be a way outside the dispensing device
to shut off the power in case of fire or accident.
(D) A manual shutoff valve and an excess flow check valve must be downstream of
the pump and ahead of the dispenser inlet.
(E)
(i) Dispensing hose must be resistant to the action of liquid LP-Gas and have a
minimum bursting pressure of 1,250 p.s.i.g.
(ii) An excess flow check valve or automatic shutoff valve must be at the terminus
of the liquid line at the point of attachment of the dispensing hose.
(F)
(i) LP-Gas dispensing devices must be at least 10 feet from aboveground storage
containers more than 2,000 gallons water capacity. The dispensing devices must
be at least 20 feet from any building (not including canopies), basement, cellar,
pit, or line of adjoining property that may be developed and not less than 10 feet
from sidewalks, streets, or thoroughfares. No drains or blowoff lines may
discharge into or near to the sewer systems used for other purposes.
(ii) LP-Gas dispensing devices must be on a concrete foundation or as part of
a complete storage and dispensing assembly mounted on a common base, and
must be adequately protected from physical damage.
(iii) LP-Gas dispensing devices may not be in a building except that they may be
under a weather shelter or canopy if it is not enclosed on more than two sides. If
the enclosing sides are next to each other, the area must have proper ventilation.
H
STORAGE & HANDLING OF LIQUEFIED
PETROLEUM GASES / USE OF LIQUEFIED
PETROLEUM GAS OR NATURAL GAS IN
FIELDS & ORCHARDS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-0780(8)(k)(G) H-68 437-004-0790(3)(a)
(G) The dispensing of LP-Gas into the fuel container of a vehicle must be done by a
competent attendant who stays at the LP-Gas dispenser during the entire transfer
operation.
(l) Smoking. There must be no smoking on the driveway of dispensing facilities or
transport truck unloading areas. Post signs prohibiting smoking in places easily seen by
facility users.
(m) Motors. The motors of all vehicles being fueled must be off during the fueling
operations.
(n) Electrical. Electrical equipment and installations must conform to OAR 437-004-
0780(3)(n) and (o).
(o) Fire protection. Each dispensing facility must have at least one approved portable
fire extinguisher with at least an 8-B, C, rating.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-0790 Use of Liquefied Petroleum Gas or Natural Gas in Fields
and Orchards.
(1) Scope. This applies to the storage and use of liquefied petroleum gas or natural gas, in
fields and orchards, to fuel or power stationary orchard heaters, fans, and other such fixed
equipment. It does not cover portable orchard and field equipment. OAR 437-004-0780
covers all other uses of these gases.
(2) Definitions.
Approved – See universal definition in 4/B.
Competent person – See universal definition in 4/B.
Labeled See universal definition in 4/B.
Liquefied petroleum gases – “LPG” and “LP-Gas” – Any material made mostly of any
of the following hydrocarbons, or mixtures of them; propane, propylene, butane (normal
butane or iso-butane), and butylenes.
Listed – See universal definition in 4/B.
(3) Components. The tank regulator and all components in between must be labeled, listed
or approved.
(a) All piping and end use components, like fans and heaters, must be on the low
pressure side of approved regulators.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
USE OF LIQUEFIED PETROLEUM GAS OR
NATURAL GAS IN FIELDS & ORCHARDS /
STORAGE & HANDLING OF ANHYDROUS AMMONIA
H
437-004-0790(4) H-69 437-004-0800(2)
(4) Installation. Installation of systems and equipment that use liquefied petroleum gas
must only be by persons licensed according to ORS 480.410 through .460 and must conform
to OAR 837, Division 30. (Contact the Office of State Fire Marshal for more information on these
requirements.)
(5) Welding. Do not weld on parts of the system subject to pressure.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f. 8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 7-2001, f. 5/15/01, ef. 5/15/01.
437-004-0800 Storage and Handling of Anhydrous Ammonia.
(1) Scope.
(a) This standard applies to the operation of anhydrous ammonia systems including
refrigerated ammonia storage systems.
(b) This standard does not apply to applications that use ammonia solely as a refrigerant.
(2) Definitions.
Appurtenances – All devices such as pumps, compressors, safety relief devices, liquid-
level gaging devices, valves and pressure gages.
Capacity – Total volume of the container in standard U.S. gallons.
Certified – See universal definitions in Subdivision 4/B, OAR 437-004-0100.
Code – The Boiler and Pressure Vessel Code, Section VIII, Unfired Pressure Vessels of
the American Society of Mechanical Engineers (ASME) 1968.
Container – Includes all vessels, tanks, cylinders, or spheres used for transportation,
storage, or application of anhydrous ammonia.
Cylinder – A container of 1,000 pounds of water capacity or less built according to
Department of Transportation specifications.
Design pressure – is identical to the term “Maximum Allowable Working Pressure” used
in the Code.
DOT – U.S. Department of Transportation.
DOT specifications – Regulations of the Department of Transportation in 49 CFR
Chapter I.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(2) – (3)(b)(C) H-70 437-004-0800
Farm vehicle (implement of husbandry) – A vehicle for use on a farm with a container of
not more than 1,200 gallons water capacity on it.
Labeled See universal definitions in Subdivision 4/B, OAR 437-004-0100.
Listed – See universal definitions in Subdivision 4/B, OAR 437-004-0100.
(3) Basic rules.
(a) Approval of equipment and systems. All systems, equipment and appurtenances
must comply with one of the following three paragraphs.
(A) If installed before February 8, 1973, it must comply with American National
Standard for the Storage and Handling of Anhydrous Ammonia, K61.1-1999 or CGA
G-2.1-1999.
(B) It must be listed and labeled by a nationally recognized testing laboratory as
defined in 29 CFR 1910.7.
(C) A registered engineer may test and certify custom designed and custom built
systems as meeting the criteria in OAR 437-004-0800(3)(a)(A). This certification
must be on file with the employer for agency review. The certification must detail the
test criteria, data and results along with the qualifications of the person doing the test.
(b) Requirements for construction, original test and recertification of non-
refrigerated containers.
(A) Only competent persons and/or companies may design, install and maintain non-
refrigerated containers.
(B) Containers used with systems in OAR 437-004-0800(4), (7), (8) and (9) must
comply with the Code (Boiler and Pressure Vessel Code, Sec VIII, Unfired Pressure
Vessels of the American Society of Mechanical Engineers (ASME) 1968).
Construction under Table UW 12 at a basic joint efficiency of less than 80 percent is
not authorized.
(C) Containers more than 36 inches in diameter or 250 gallons water capacity must
comply with one or more of the following:
(i) Containers must be stress relieved after fabrication according to the Code, or
(ii) Cold-form heads must be stress relieved, or
(iii) Use only hot-formed heads.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-71 (3)(b)(D) – (3)(e)(D)
(D) Paragraph (B) above does not prohibit the continued use or reinstallation of
containers constructed and maintained according to the 1949, 1950, 1952, 1956,
1959, and 1962 editions of the Code or any revisions in effect at the time of
fabrication.
(E) Welding to the shell, head or any other part of the container subject to internal
pressure must comply with the Code. Other welding is permitted only on saddle
plates, lugs or brackets attached to the container by the container manufacturer.
(F) Containers used with systems in OAR 437-004-0800(5) must comply with DOT
specifications.
(c) Marking of containers. Keep the original markings on refrigerated and non-
refrigerated containers as they were at the time of installation.
(d) Location of containers.
(A) When selecting the location for the storage container consider the physiological
effects as well as adjacent fire hazards. Locate containers outside buildings unless
the building was built for this purpose.
(B) Locate permanent storage containers 50 feet from a dug well or other sources of
potable water supply, unless the container is a part of a water-treatment installation.
(C) Keep storage areas free of readily ignitible materials such as waste, weeds and
long dry grass.
(e) Container appurtenances.
(A) Design appurtenances to stand the maximum working pressure of that part of the
system on which they are installed. Make appurtenances from material proved
suitable for anhydrous ammonia service.
(B) All connections to containers except safety relief devices, gaging devices, or
those fitted with a .0550-inch orifice must have shutoff valves as close to the
container as practicable.
(C) Excess flow valves where required by these standards must close automatically
at the rated flows of vapor or liquid specified by the manufacturer. The connections
and line including valves and fittings protected by an excess flow valve must have a
larger capacity than the rated flow of the excess flow valve so that the valve will close
in case of failure of the line or fittings.
(D) Liquid-level gaging devices that require bleeding of the product to the atmosphere
and are built so that outward flow will not be more than that passed by a .0550-inch
opening do not need excess flow valves.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(e)(E) – (3)(f)(G) H-72 437-004-0800
(E) Openings from the container or through fittings attached directly on the container
to which pressure gage connections are made need do not need excess flow valves
if they are not larger than .0550-inch.
(F) Excess flow and back pressure check valves where required by this section must
be inside the container or if outside as close as practicable to where the line enters
the container. In the latter case installation must prevent strain beyond the excess
flow or back pressure check valve from causing a break between the container and
the valve.
(G) Excess flow valves must have a bypass not to exceed a .0400-inch opening to
allow equalization of pressures.
(H) All excess flow valves must have plain and permanent markings with the name or
trademark of the manufacturer, the catalog number, and the rated capacity.
(f) Piping, tubing and fittings.
(A) All piping, tubing and fittings must be made of material suitable for anhydrous
ammonia service.
(B) All piping, tubing and fittings must be designed for a pressure not less than the
maximum pressure under which they might operate.
(C) All refrigerated piping must conform to the Refrigeration Piping Code, American
National Standard, B31.5-1966 with addenda B31.5a-1968 as it applies to ammonia.
(D) Piping on non-refrigerated systems must be at least American Society for Testing
and Materials (ASTM) A-53-69 Grade B Electric Resistance Welded and Electric
Flash Welded Pipe or equal. For welded or welded and flanged joints the pipe must
be at least schedule 40. For threaded joints the pipe must be at least schedule 80.
Do not back-weld threaded connections. Do not use brass, copper or galvanized
steel pipe.
(E) Do not use tubing made of brass, copper, or other material subject to attach by
ammonia.
(F) Do not use cast iron fittings but this does not prohibit the use of fittings made
specifically for ammonia service or malleable, nodular, or high strength gray iron
meeting American Society for Testing and Materials (ASTM) A47-68, ASTM 395-68
or ASTM A126-66 Class B or C.
(G) Use joint compounds that are resistant to ammonia.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-73 (3)(g)(A) – (3)(g)(E)
(g) Hose specifications.7
(A) Hose used in ammonia service must conform to the joint Agricultural Ammonia
Institute – Rubber Manufacturers Association Specifications for Anhydrous Ammonia
Hose.
(B) Hose subject to container pressure must be designed for a minimum working
pressure of 350 p.s.i.g. and a minimum burst pressure of 1,750 p.s.i.g. Hose
assemblies, when made up, must be capable of withstanding a test pressure of
500 p.s.i.g.
(C) Hose and hose connections on the low-pressure side of flow control or pressure-
bleeding valves must have a bursting pressure rating of not less than five times the
pressure setting of the safety relief devices protecting that part of the system but not
less than 125 p.s.i.g. All connections must not leak when connected.
(D) Where using hose to transfer liquid from one container to another, “wet” hose is
recommended. Such hose must have approved shutoff valves at the discharge end.
Prevent excessive pressure in the hose.
(E) On all hose 1/2-inch outside diameter and larger, used for the transfer of
anhydrous ammonia liquid or vapor, there must be etched, cast, or impressed at 5-
foot intervals the following information.
“Anhydrous Ammonia” xxx p.s.i.g. (maximum working pressure), manufacturer’s name or
trademark, year of manufacture.
In place of this requirement the same information may be on a nameplate permanently
attached to the hose.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(g)(E) Table 1 H-74 437-004-0800
Table 1
[Minimum required rate of discharge in cubic feet per minute of air at 120 percent of the maximum permitted
start to discharge pressure of safety relief valves]
Surface
area (sq. ft.)
Flow rate
CFM air
Surface
area (sq. ft.)
Flow rate
CFM air
Surface
area (sq. ft.)
Flow rate
CFM air
20
25
30
35
40
45
50
55
60
65
70
75
80
85
90
95
100
105
110
115
120
125
130
135
140
145
150
155
160
165
170
175
180
258
310
360
408
455
501
547
591
635
678
720
762
804
845
885
925
965
1,010
1,050
1,090
1,120
1,160
1,200
1,240
1,280
1,310
1,350
1,390
1,420
1,460
1,500
1,530
1,570
185
190
195
200
210
220
230
240
250
260
270
280
290
300
310
320
330
340
350
360
370
380
390
400
450
500
550
600
650
700
750
800
850
1,600
1,640
1,670
1,710
1,780
1,850
1,920
1,980
2,050
2,120
2,180
2,250
2,320
2,380
2,450
2,510
2,570
2,640
2,700
2,760
2,830
2,890
2,950
3,010
3,320
3,620
3,910
4,200
4,480
4,760
5,040
5,300
5,590
900
950
1,000
1,050
1,100
1,150
1,200
1,250
1,300
1,350
1,400
1,450
1,500
1,550
1,600
1,650
1,700
1,750
1,800
1,850
1,900
1,950
2,000
2,050
2,100
2,150
2,200
2,250
2,300
2,350
2,400
2,450
2,500
5,850
6,120
6,380
6,640
6,900
7,160
7,410
7,660
7,910
8,160
8,410
8,650
8,900
9,140
9,380
9,620
9,860
10,090
10,330
10,560
10,800
11,030
11,260
11,490
11,720
11,950
12,180
12,400
12,630
12,850
13,080
13,300
13,520
“Surface Area = total outside surface area of container in square feet. When the surface area is not on
the nameplate or when the marking is not legible calculate the area using one of the following formulas:
(1) Cylindrical container with hemispherical heads:
Area = overall length in feet times outside diameter in feet times 3.1416.
(2) Cylindrical container with other than hemispherical heads:
Area = (overall length in feet plus 0.3 outside diameter in feet) times outside diameter in feet times
3.1416.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-75 (3)(g)(E) – (3)(h)(F)
(3) Spherical container:
Area = outside diameter in feet squared times 3.1416.”
“Flow Rate – CFM Air = cubic feet per minute of air required at standard conditions, 60 degrees F. and
atmospheric pressure (14.7 p.s.i.a.).”
“The rate of discharge may be interpolated for intermediate values of surface area. For containers
with total outside surface area greater than 2,500 square feet, the required flow rate can be calculated
using the formula: Flow Rate CFM Air = 22.11 A082, where A = outside surface area of the container
in square feet.”
(h) Safety relief devices.
(A) Every container in systems covered by OAR 437-004-0800(4), (7), (8) and (9)
must have one or more safety relief valves of the spring-loaded or equivalent type.
The discharge from safety-relief valves must vent away from the container, upward
and unobstructed to the atmosphere. All relief-valve discharge openings must have
suitable rain caps that allow free discharge of the vapor and prevent entrance of
water. Accumulated condensation must drain away. The rate of the discharge must
comply with Table 1.
(B) Container safety-relief valves must be set to start-to-discharge as follows, with
relation to the design pressure of the container:
Containers
Minimum (percent)
Maximum (percent)
ASME-U-68, U-69
110
125
ASME-U-200, U-202
95
100
ASME 1959, 1956, 1952 or 1962
95
100
API-ASME
95
100
U.S. Coast Guard
95
100
(C) Safety relief devices in systems covered by OAR 437-004-0800(4), (7), (8) and
(9) must discharge at not less than the rates in (3)(h)(A) above before the pressure is
in excess of 120 percent (not including the 10 percent tolerance in (3)(h)(B) above) of
the maximum permitted start-to-discharge pressure setting of the device.
(D) Arrange safety relief valves to minimize the possibility of tampering. If the
pressure setting adjustment is external, the relief valves must have a means of
sealing the adjustment.
(E) Shutoff valves must not be between the safety relief valves and the container;
except, that a shutoff valve may be where the arrangement of this valve is such as
to always afford full required capacity flow through the relief valves.
(F) Safety relief valves must have direct communication with the vapor space of the
container.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(h)(G) – (3)(j)(B) H-76 437-004-0800
(G) Each container safety relief valve used with systems covered by OAR 437-004-
0800(4), (7), (8) and (9) must have plain and permanent markings with the symbol
“NH3” or “AA”; with the pressure in pounds-per-square-inch at which the valve is set
to start-to-discharge; with the actual rate of discharge of the valve at its full open
position in cubic feet per minute of air at 60 degrees F. and atmospheric pressure;
and the manufacturer’s name and catalog number.
Example: “NH3 250-4050 Air” indicates that the valve is suitable for use on an anhydrous
ammonia container, is set to start-to-discharge at a pressure of 250 p.s.i.g., and that its rate
of discharge at full open position is 4,050 cubic feet per minute of air.
(H) There must be no connection on either the upstream or downstream side that
restricts the flow capacity of the relief valve.
(I) A hydrostatic relief valve must be between each pair of valves in the liquid
ammonia piping or hose to relieve into the atmosphere at a safe location.
(i) General.
(A) All stationary storage installations must have at least two readily accessible
suitable gas masks. Full face masks with ammonia canisters, not cartridges,
approved by the National Institute for Occupational Safety and Health (NIOSH), are
suitable for emergency action for most leaks, particularly those that are outdoors. For
protection in concentrated ammonia atmospheres the use of self-contained breathing
air apparatus is mandatory. Refer to OAR 437-004-1041 Respiratory Protection 4/I
for additional requirements for personal protective equipment.
(B) Stationary storage installations must have an easily accessible shower or a
50-gallon drum of water.
(C) Each vehicle transporting ammonia in bulk except farm applicator vehicles must
carry a container of at least 5 gallons of water and a full face mask.
(j) Charging of containers.
(A) The filling densities for unrefrigerated containers must not be more than the
following:
Containers
Percent by Weight
Percent by Volume
Aboveground – Uninsulated
Aboveground – Uninsulated
Aboveground – Insulated
Underground – Uninsulated
DOT – In accord with DOT regulations
56
57
58
82
87.5
83.5
85
(B) Aboveground uninsulated containers may be charged 87.5 percent by volume
if the temperature of the anhydrous ammonia being charged is not lower that
30 degrees F. or if the charging of the container stops at the first indication of frost
or ice formation on its outside surface and does not resume until the frost or ice is
gone.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-77 (3)(k)(A) – (3)(k)(F)
(k) Transfer of liquids.
(A) Anhydrous ammonia must always be at a temperature suitable for the material of
construction and the design of the receiving container.
(B) The employer must require the continuous presence of an attendant in the vicinity
of the operation during ammonia transfer.
(C) Charge and use containers only with authorization of the owner.
(D) Gage and charge containers only in the open atmosphere or in buildings or areas
for that purpose.
(E) Pumps used for transferring ammonia must be made for that purpose.
(i) Pumps must be designed for at least 250 p.s.i.g. working pressure.
(ii) Positive displacement pumps must have, installed off the discharge port, a
constant differential relief valve discharging into the suction port of the pump
through a line of sufficient size to carry the full capacity of the pump at relief
valve setting, which setting and installation must be according to the pump
manufacturer’s recommendations.
(iii) On the discharge side of the pump, before the relief valve line, there must be
a pressure gage graduated from 0 to 400 p.s.i.
(iv) Plant piping must have shutoff valves as close as practical to pump
connections.
(F) Compressors for transferring or refrigerating ammonia must be recommended for
ammonia service by the manufacturer.
(i) Compressors must be designed for at least 250 p.s.i.g. working pressure.
(ii) Plant piping must have shutoff valves located as close as practical to
compressor connections.
(iii) A relief valve large enough to discharge the full capacity of the compressor
must be connected to the discharge before the shutoff valve.
(iv) Compressors must have pressure gages at suction and discharge graduated
to at least 1 1/2 times the maximum pressure.
(v) Adequate means, such as a drainable liquid trap, must be on the compressor
suction to minimize the entry of liquid into the compressor.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(k)(G) – (3)(m)(E) H-78 437-004-0800
(G) In case the hose breaks, loading and unloading systems must have suitable
devices to prevent emptying of the storage or supply container. Backflow check
valves or properly sized excess flow valves must be where necessary to provide
this protection. If such valves are not practical, remotely operated shutoff valves
may are acceptable.
(l) Tank car unloading points and operations.
(A) Unloading of tank cars must conform to the applicable recommendations in DOT
regulations.
(B) The employer must insure that unloading operations are done by reliable persons
properly instructed and with the authority to monitor careful compliance with all
applicable procedures.
(C) Caution signs must be on the track or car to give warning to people approaching
the car from the open end or ends of the siding. They must be left up until after the
car is empty and disconnected from discharge connections. Signs must be metal or
other suitable material, at least 12 inches by 15 inches and bear the words “STOP
Tank Car Connected” or “STOP – Men at Work” the word, “STOP,” being in letters at
least 4 inches high and the other words in letters at least 2 inches high.
(D) The track of a tank car siding must be substantially level.
(E) Set the brakes and block the wheels on cars during unloading.
(m) Liquid-level gaging device.
(A) Each container except those filled by weight must have an approved liquid-level
gaging device. A thermometer well must be in containers without a fixed liquid-level
gaging device.
(B) All gaging devices must be arranged so that the maximum liquid level to which
the container is filled is readily determined.
(C) Gaging devices that require bleeding of the product to the atmosphere such as
the rotary tube, fixed tube, and slip tube devices must have a maximum opening of
the bleed valve not larger than .0550-inch unless they have an excess flow valve.
(This requirement does not apply to farm vehicles used for the application of
ammonia as in OAR 437-004-0800(9).)
(D) Gaging devices must have a design pressure equal to or greater than the design
pressure of their host container.
(E) Fixed tube liquid-level gages must indicate the container’s 85 percent fill level of
its water capacity.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-79 (3)(m)(F) – (4)(b)(B)
(F) Use columnar gage glasses only on stationary storage installations. They must
have shutoff valves with metallic handwheels, excess-flow valves and extra heavy
glass adequately protected with a metal housing applied by the gage manufacturer.
They must be shielded from the direct rays of the sun.
(n) Electrical equipment and wiring.
(A) Electrical equipment and wiring for use in ammonia installations must be general
purpose or weather resistant as appropriate.
(B) Electrical systems must comply with 4/S.
(4) Systems using stationary, non-refrigerated storage containers.
(a) Applies to all storage containers except portable DOT containers.
(A) The minimum design pressure and construction for non-refrigerated containers is
250 p.s.i.g.
(B) Each filling connection must have a combination back-pressure check valve and
excess-flow valve; one double or two single back-pressure check valves; or a positive
shutoff valve in conjunction with either an internal back-pressure check valve or an
internal excess flow valve.
(C) All liquid and vapor connections to containers except filling pipes, safety relief
connections, and liquid-level gaging and pressure gage connections with orifices
not larger than .0550-inch required in OAR 437-004-0800(3)(e)(D) and (E) must have
excess-flow valves.
(D) Each storage container must have a pressure gage graduated from 0 to 400 p.s.i.
Gages must be designated for use in ammonia service.
(E) All containers must have vapor return valves.
(b) Safety-relief devices.
(A) Every container must have one or more safety-relief valves of the spring-loaded
or equivalent type according to OAR 437-004-0800(b)(9).
(B) The rate of discharge of spring-loaded safety relief valves on underground
containers may be a minimum of 30 percent of the rate of discharge in Table 1. After
installation, do not uncover containers with this protection until empty of liquid
ammonia. Consider containers that may contain liquid ammonia before being
installed underground and before being completely covered with earth to be
aboveground containers when determining the rate of discharge requirements of the
safety-relief valves.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(b)(C) – (4)(d)(D) H-80 437-004-0800
(C) On underground installations where there is a probability of the manhole or
housing becoming flooded, the discharge from vent lines must be above the high
water level. All manholes or housings must have ventilated louvers or their
equivalent, the area which equal or exceed the combined discharge areas of safety-
relief valves and vent lines that discharge their content into the manhole housing.
(D) Do not restrict vent pipes. They may not be a smaller diameter than the relief-
valve outlet connection.
(E) Vent pipes from two or more safety-relief devices on the same unit, or similar
lines from two or more different units may run into a common discharge header, if
the capacity of the header is at least equal to the sum of the capacities of the
individual discharge lines.
(c) Reinstallation of containers.
(A) Containers that were installed underground must not be reinstalled aboveground
or underground, unless they withstand hydrostatic pressure retests at their original
rating required by the code under which they were made. They must show no
serious corrosion.
(B) Containers reinstalled aboveground, must have safety devices or gaging devices
that comply with OAR 437-004-0800(i) and this paragraph respectively for
aboveground containers.
(d) Installation of storage containers.
(A) Aboveground containers, except as in (4)(d)(E) below must have substantial
concrete or masonry supports, or structural steel supports on firm concrete or
masonry foundations. All foundations must extend below the frost line.
(B) Horizontal aboveground containers must be on foundations that permit expansion
and contraction. Containers must have supports that prevent the concentration of
excessive loads on the supporting portion of the shell. That part of the container in
contact with foundations or saddles must have corrosion protection.
(C) The top of underground containers must be below the frost line and at least 2 feet
below the surface. If ground conditions make compliance with these requirements
impracticable, installation methods must prevent physical damage. It is not
necessary to cover the part of the container where there are manhole and other
connections. Anchor or weight containers when necessary to prevent floating.
(D) Underground containers must be on a firm foundation (firm earth is OK) and
surrounded with compacted earth or sand. The container must have a corrosion
resisting protective coating. This coating must remain undamaged when placing the
container into the ground.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-81 (4)(d)(E) – (5)(b)(B)
(E) Containers with foundations (portable or semi-portable tank containers with
suitable steel “runners” or “skids” and commonly known in the industry as “skid
tanks”) must comply with OAR 437-004-0800(4)(a)(A).
(F) There must be secure anchorage or adequate pier height to prevent container
flotation where high flood water might occur.
(G) The distance between underground containers of over 2,000 gallons capacity
must be at least 5 feet.
(e) Protection of appurtenances.
(A) Protect valves, regulators, gages and other appurtenances against tampering and
physical damage. This also applies during transit of containers.
(B) All connections to underground containers must be within a dome, housing, or
manhole and with access by means of a substantial cover.
(f) Damage from vehicles. Protect ammonia systems from vehicle damage.
(5) Refrigerated storage systems.
(a) Container design.
(A) The design temperature must be the minimum temperature to which the container
will be refrigerated.
(B) Containers with a design pressure more than 15 p.s.i.g. must comply with OAR
437-004-0800(3)(b), and the materials must be from those in API Standard 620,
Recommended Rules for Design and Construction of Large, Welded, Low-Pressure
Storage Tanks, Fourth Edition, 1970, Tables 2.02, R2.2, R2.2(A), R2.2.1, or R2.3.
(C) Containers with a design pressure of 15 p.s.i.g. and less must comply with the
applicable requirements of API Standard 620 including its Appendix R.
(D) Use the Code as a guide to select austenitic steels or non-ferrous materials to
build containers for use at the design temperature.
(E) The filling density for refrigerated storage containers must be such that the
container will not be liquid full at a liquid temperature corresponding to the vapor
pressure at the start-to-discharge pressure setting of the safety-relief valve.
(b) Installation.
(A) Containers must be on suitable non-combustible foundations.
(B) There must be adequate protection against flotation or other water damage
where high flood water might occur.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(b)(C) – (5)(e) H-82 437-004-0800
(C) Containers for product storage at less than 32 degrees F. must have protection
from freezing and consequent frost heaving.
(c) Shutoff valves. When operating conditions make it advisable, there must be a check
valve on the fill connection and a remotely operated shutoff valve on other connections
below the maximum liquid level.
(d) Safety relief devices.
(A) Set safety relief valves to start-to-discharge at a pressure not more than the
design pressure of the container. The valves must prevent a maximum pressure in
the container of more than 120 percent of the design pressure. Relief valves for
refrigerated storage containers must be self-contained spring-loaded, weight-loaded,
or self-contained pilot-operated type.
(B) The total relieving capacity must be the larger of:
(i) Possible refrigeration system upset such as (1) cooling water failure, (2) power
failure, (3) instrument air or instrument failure, (4) mechanical failure of any
equipment, (5) excessive pumping rates.
(ii) Fire exposure determined by Compressed Gas Association (CGA) S-1, Part 3,
Safety Relief Device Standards for Compressed Gas Storage Containers, 1959,
except that “A” must be the total exposed surface area in square feet up to
25 feet above grade or to the equator of the storage container if it is a sphere,
whichever is greater. If the relieving capacity required for fire exposure is greater
than that required by OAR 437-004-0800(a), the additional capacity may be
provided by weak roof to shell seams in containers operating at essentially
atmospheric pressure and having an inherently weak roof-to-shell seam. The
weak roof-to-shell seam is not to provide any of the capacity required in OAR
437-004-0800(a).
(C) If vent lines conduct the vapors from the relief valve, the back pressure under full
relieving conditions must not be more than 50 percent of the start-to-discharge
pressure for pressure balanced valves or 10 percent of the start-to-discharge
pressure for conventional valves. The vent lines must prevent accumulation of liquid
in the lines.
(D) The valve or valve installation must provide weather protection.
(E) Atmospheric storage must have vacuum breakers. Ammonia gas, nitrogen,
methane, or other inert gases are acceptable to provide a pad.
(e) Protection of container appurtenances. Protect appurtenances against tampering
and physical damage.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-83 (5)(f) – (5)(k)(A)
(f) Reinstallation of refrigerated storage containers. When reinstalling containers
that require field fabrication, reconstruct and reinspect them according to their original
construction requirements. Pressure retest the containers and if rerating is necessary, it
must comply with applicable requirements.
(g) Damage from vehicles. Protect containers from damage by vehicles.
(h) Refrigeration load and equipment.
(A) Compute the total refrigeration load as the sum of the following:
(i) Load imposed by heat flow into the container caused by the temperature
differential between design ambient temperature and storage temperature.
(ii) Load imposed by heat flow into the container caused by maximum sun
radiation.
(iii) Maximum load imposed by filling the container with ammonia warmer than the
design storage temperature.
(B) A single refrigeration system may serve more than one storage container.
(i) Compressors.
(A) There must be a minimum of two compressors either of which must be large
enough to handle the loads. Where there are more than two compressors, there
must be minimum standby equipment equal to the largest normally operating
equipment. Filling compressors are acceptable as standby equipment for holding
compressors.
(B) Compressors must be able to operate with a suction pressure at least 10 percent
below the minimum setting of the safety valve(s) on the storage container and must
withstand a suction pressure at least equal to 120 percent of the design pressure of
the container.
(j) Compressor drives.
(A) Each compressor must have its individual driving unit.
(B) There must be an emergency power source that can handle the loads unless
facilities are available to safely dispose of vented vapors while the refrigeration
system is not operating.
(k) Automatic control equipment.
(A) The refrigeration system must have suitable controls to govern the compressor
operation.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(k)(B) – (6)(e) H-84 437-004-0800
(B) There must be an emergency alarm system to function in case the container
pressure rises to the maximum allowable operating pressure.
(C) An emergency alarm and shut-off must be in the condenser system to respond to
excess discharge pressure caused by failure of the cooling medium.
(D) All automatic controls must be prevent operation of alternate compressors unless
the controls will function with the alternate compressors.
(l) Separators for compressors. An entrainment separator of suitable size and design
pressure must be in the compressor suction line of lubricated compression. The
separator must have a drain and gaging device.
(m) Condensers. The condenser system may be air or water cooled or both. The
condenser must have minimum design pressure of at least 250 p.s.i.g. There must be a
way to purge noncondensibles either manually or automatically.
(n) Receiver and liquid drain. A receiver must have a liquid-level control to discharge
the liquid ammonia to storage. The receiver must be able to operate at least 250 p.s.i.g.
and have the necessary connections, safety valves, and gaging device.
(o) Insulation. Insulated refrigerated containers and pipelines must have covers of a
material of suitable quality and thickness for the temperatures. Weatherproofing must
be flame retardant.
(6) Systems using portable DOT containers.
(a) Cylinders must comply with DOT specifications and must comply with 49 CFR
Chapter I and Marking Portable Compressed Gas Containers to Identify the Material
Contained, ANSI Z48.1-1954 (R1970).
(b) Store cylinders in an area free from ignitable debris and in such manner as to prevent
external corrosion. Storage may be indoors or outdoors.
(c) Cylinders filled according to DOT regulations will become liquid full at 145 degrees F.
Protect cylinders from heat sources such as radiant flame and steam pipes. Do not
apply heat directly to cylinders to raise the pressure.
(d) Store cylinders in a way that protects them from vehicles or external damage.
(e) Any cylinder designed to have a valve protection cap must have the cap securely in
place when the cylinder is not in service.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-85 (7)(a) – (7)(d)(B)
(7) Tank motor vehicles for the transportation of ammonia.
(a) This paragraph applies to containers and equipment on tank motor vehicles including
semitrailers and full trailers used to transport ammonia. This paragraph does not apply
to farm vehicles. For requirements covering farm vehicles, refer to OAR 437-004-0800
(8) and (9). Paragraph (b) below applies to this paragraph unless otherwise noted.
Containers and pertinent equipment for tank motor vehicles for the transportation of
anhydrous ammonia, must also comply with DOT requirements.
(b) Design pressure and construction of containers.
(A) The minimum design pressure for containers must comply with DOT regulations.
(B) The shell or head thickness of containers must be at least 3/16-inch.
(C) All container openings, except safety relief valves, liquid-level gaging devices,
and pressure gages, must have labels that designate whether they communicate
with liquid or vapor space.
(c) Container appurtenances.
(A) Protect appurtenances from physical damage.
(B) All connections to containers, except filling connections, safety relief devices, and
liquid-level and pressure gage connections, must have suitable automatic excess
flow valves, or may have quick-closing internal valves, that must remain closed
except during delivery operations. The control mechanism for such valves may have
a secondary control remote from the delivery connections and such control
mechanism must have a fusible section (melting point 208 degrees F. to 220 degrees
F.) that permits the internal valve to close automatically in case of fire.
(C) Filling connections must have automatic back-pressure check valves, excess-flow
valves, or quick-closing internal valves, to prevent back-flow in case the filling
connection breaks. You do not need an automatic valve where the filling and
discharge connect to a common opening in the container shell and that opening has
a quick-closing internal valve as in OAR 437-004-0800(f)(3)(ii).
(D) All containers must be capable of spray loading (filling in the vapor space) or with
an approved vapor return valve of adequate capacity.
(d) Piping and fittings.
(A) Securely mount all piping, tubing, and fittings and protect them from damage.
Protect hoses while the vehicle is moving.
(B) Fittings must comply with OAR 437-004-0800(3)(e). Pipe must be Schedule 80.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(7)(e)(A) – (7)(g)(D) H-86 437-004-0800
(e) Safety relief devices.
(A) The discharge from safety relief valves must vent upward away from the container
and to the open air in such a manner as to prevent any impingement of escaping gas.
Use loose-fitting rain caps. Size of discharge lines from safety valves must not be
smaller than the nominal size of the safety-relief valve outlet connection.
Condensate that accumulates in the discharge pipe must drain off.
(B) Any part of liquid ammonia piping that may close at both ends must have a
hydrostatic relief valve.
(f) Transfer of liquids.
(A) Determine the content of tank motor vehicle containers by weight, by a suitable
liquid-level gaging device, or other approved methods. If using a liquid-level
measurement, the container must have a thermometer well. This volume when
converted to weight must not be more than the filling density specified by the DOT.
(B) Any pump, except a constant speed centrifugal pump, must have a suitable
pressure actuated bypass valve permitting flow from discharge to suction when the
discharge pressure rises above a pre-determined point. Pump discharge must also
have a spring-loaded safety relief valve set at a pressure not more than 135 percent
of the setting of the bypass valve or more than 400 p.s.i.g., whichever is larger.
(C) Compressors must have manually operated shutoff valves on both suction and
discharge connections. Pressure gages of bourdon-tube type must be on the suction
and discharge of the compressor before the shutoff valves. The compressor must
not operate if either pressure gage is removed or is inoperative. A spring-loaded,
safety-relief valve capable of discharging to atmosphere the full flow of gas from the
compressor at a pressure not more than 300 p.s.i.g. must be between the
compressor discharge and the discharge shutoff valve.
(D) Valve functions have clear and legible identification by metal tags or nameplates
permanently affixed to each valve.
(g) Full trailers and semitrailers.
(A) Securely attach full trailers to the vehicle drawing them with suitable drawbars
and a safety chain (or chains) or safety cables.
(B) Every full trailer or semitrailer must have reliable brakes that operate from the
driver’s seat.
(C) Every full trailer must have self-energizing brakes.
(D) Full trailers must follow substantially in the path of their towing vehicle and will not
whip or swerve dangerously from side to side.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
H
437-004-0800 H-87 (7)(g)(E) – (8)(d)(B)
(E) Where using a fifth wheel, securely fasten it to both units, and use a positive
locking mechanism that prevents separation of the two units except by manual
release.
(h) Protection against collision. Each tank motor vehicle must have properly attached
bumpers or chassis extension that protects the tank, piping, valves, and fittings from
physical damage.
(i) Chock blocks. There must be at least two chock blocks. Use these blocks to
prevent rolling during loading and unloading.
(j) Portable tank containers (skid tanks). Where these tanks are for farm storage they
must comply with OAR 437-004-0800(4)(a)(A). When portable tank containers substitute
for cargo tanks and are permanently on tank motor vehicles for the transportation of
ammonia, they must comply with the requirements of this paragraph.
(8) Systems on farm vehicles other than for the application of ammonia.
(a) Application. This paragraph applies to containers of 1,200 gallons capacity or less
and equipment on farm vehicles (implements of husbandry) not used to apply ammonia
to the soil. OAR 437-004-0800(4) applies unless otherwise noted.
(b) Design pressure and classification of containers.
(A) The minimum design pressure for containers is 250 p.s.i.g.
(B) Container shell or head thickness must be at least 3/16-inch.
(c) Mounting containers.
(A) A suitable “stop” or “stops” must be on the vehicle or on the container so that the
container does not be come loose from its mounting.
(B) At one or more places on each side of the container, a “hold down” device must
anchor the container to the vehicle.
(C) When containers are on four-wheel trailers, the weight must be even over both
axles.
(d) Container appurtenances.
(A) All containers must have a fixed liquid-level gage.
(B) All containers with a capacity more than 250 gallons must have a pressure gage
with a dial graduated from 0-400 p.s.i.
H
STORAGE & HANDLING OF
ANHYDROUS AMMONIA
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(8)(d)(C) – (9)(d)(A) H-88 437-004-0800
(C) The filling connection must have a combination back-pressure check valve and
excess-flow valve; one double or two single back-pressure check valves; or a positive
shutoff valve in conjunction with either an internal back-pressure check valve or an
internal excess flow valve.
(D) All containers with a capacity more than 250 gallons must be equipped for spray
loading or have an approved vapor return valve.
(E) All vapor and liquid connections except safety-relief valves and those specifically
exempted in ANSI K61.1-1966, must have approved excess-flow valves or quick-
closing internal valves that, except during operating periods, must be closed.
(F) Fittings must have protection from damage by a metal box or cylinder with an
open top fastened to the container or by rigid guards welded to the container on both
sides of the fittings or by a metal dome. If there is a metal dome, the relief valve must
vent through the dome.
(G) If there is a liquid withdrawal line in the bottom of a container, its connections,
including hose, must not be lower than the lowest horizontal edge of the vehicle axle.
(H) Secure both ends of the hose while in transit.
(e) Marking the container. The words, “Caution – Ammonia” must be on each side
and the rear end of the container in letters at least 4 inches high or its markings must
comply with DOT regulations.
(f) Farm vehicles. All vehicles must carry a container of at least 5 gallons of water for
washing ammonia from the skin.
(9) Systems on farm vehicles for the application of ammonia.
(a) This applies to systems using containers of 250 gallons capacity or less on farm
vehicles (implements of husbandry) used to apply ammonia to the soil. OAR 437-004-
0800(4) applies unless otherwise noted. Larger containers must comply with ANSI
K61.1-1966.
(b) Design pressure and classification of containers.
(A) The minimum design pressure for containers is 250 p.s.i.g.
(B) The shell or head thickness of a container is less than 3/16-inch.
(c) Mounting of containers. All containers and flow-control devices must have secure
mountings.
(d) Container valves and accessories.
(A) Each container must have a fixed liquid-level gage.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE & HANDLING OF ANHYDROUS
AMMONIA / HAZARDOUS WASTE OPERATIONS &
EMERGENCY RESPONSE (HAZWOPER)
H
437-004-0800(5)(d)(B) H-89 437-004-0950(2) Notes
(B) The filling connection must have a combination back-pressure check valve and
an excess-flow valve; one double or two single back-pressure check valves: or a
positive shut-off valve in conjunction with an internal back-pressure check valve or
an internal excess-flow valve.
(C) You can fill the applicator tank by venting to open air if the bleeder valve orifice is
not more than 7/16-inch in diameter.
(D) Regulation equipment may connect directly to the tank coupling or flange only
with a flexible connection between the regulating equipment and the rest of the liquid
withdrawal system. Otherwise, connect the regulating equipment flexibly to the
container shutoff valve.
(E) There need be no excess flow valve in the liquid withdrawal line if the controlling
orifice between the contents of the container and the outlet of the shutoff valve is not
more than 7/16-inch in diameter.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
437-004-0950 Hazardous Waste Operations and Emergency Response.
(HAZWOPER)
(1) If an agricultural employer requires employees to respond to an emergency release of a
hazardous chemical with a reasonable possibility for employee exposure to safety or health
hazards, that response activity must be in compliance with the applicable sections of Division
2/H, 1910.120, Hazardous Waste Operations and Emergency Response.
(2) Agricultural employers whose activities include clean-up operations involving hazardous
waste, including those conducted at a treatment, storage, and disposal (TSD) facility, are
subject to the applicable requirements in Division 2/H, 1910.120, Hazardous Waste
Operations and Emergency Response.
NOTES:
There are two primary considerations for most agricultural employers to determine if the
HAZWOPER rules apply to you:
(1) Do you expect your employees to respond to spills of hazardous chemicals in a way that
involves a reasonable possibility of exposure to safety or health hazards? (If NO, the HAZWOPER
rules do not apply.)
(2) If YES, would your employees respond only to an incidental release of a hazardous chemical;
or, to an emergency release of a hazardous chemical?
H
HAZARDOUS WASTE OPERATIONS &
EMERGENCY RESPONSE (HAZWOPER)
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
END OF DOCUMENT –
(2) Notes H-90 437-004-0950
(a) IF you expect your employees to respond only to an incidental release (defined as a
situation where the spilled substance can be absorbed, neutralized, or otherwise controlled at
the time of release by employees in the immediate area, or by maintenance personnel;) and
there is no potential safety or health hazard (such as fire, explosion, or chemical exposure;)
THEN, the HAZWOPER RULES DO NOT APPLY. However, you must train and equip
employees who are expected to respond to incidental releases to safely handle that type of
non-routine task as required by Division 4/Z, 437-004-9800, Hazard Communication Standard
for Agricultural Employers.)
(b) IF you expect your employees to respond to an emergency release (defined as an
occurrence that results in, or is likely to result in an uncontrolled release of a hazardous
substance; or, a situation that requires a response effort by employees from outside the
immediate release area, or by other designated responders such as mutual-aid groups or
local fire departments;) THEN, the HAZWOPER RULES APPLY. Agricultural employers who
expect their employees to respond to these types of emergencies are required to follow the
sections in the HAZWOPER rules that apply to emergency releases “without regard to the
location of the hazard.” (See Division 2/H, 1910.120(q) Emergency responses to hazardous
substance releases.)
The best source of information about any chemical in the workplace (including recommended
personal protective equipment and procedures for spill-response) is often the chemical’s Safety
Data Sheet (SDS).
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
Oregon Administrative Rules
Chapter 437
Division 4
Agriculture
Protective Equipment
Subdivision
Administrative
Order 2-2023
ii
In accordance with Oregon Revised Statutes (ORS) 654, The Oregon Safe Employment Act (OSEAct),
Oregon Department of Consumer and Business Services, Occupational Safety and Health Division
(Oregon OSHA), adopted these rules.
The Secretary of State designated Oregon Administrative Rules Chapter 437 as the Oregon Occupational
Safety and Health Division Rules. Six subject areas are designated as “Divisions” of these rules.
Division 1 Administration of the Oregon Safe Employment Act
Division 2 General Occupational Safety and Health Rules
Division 3 Construction
Division 4 Agriculture
Division 5 Maritime Activities
Division 7 Forest Activities
Oregon-initiated rules are numbered in a uniform system developed by the Secretary of State. This system
does not number the rules in sequence (001, 002, 003, etc.). Omitted numbers may be assigned to new
rules at the time of their adoption.
Oregon-initiated rules are arranged in the following codification structure prescribed by the Secretary of
State for Oregon Administrative Rules (OAR):
Chapter Division Subdivision Rule Section Paragraphs
437 004 N 0221 (1) (a)(A)(i)(I)
Cite as 437-004-0221(1)(a)
Many of the Oregon OSHA rules are adopted by reference from the Code of Federal Regulations (CFR),
and are arranged in the following federal numbering system:
Part Subpart Section Paragraphs
(Subdivision)
1910 N .176 (a)(1)(i)(A)(1)(i)
Cite as 1910.176(a)(1)
When both Federal and Oregon-initiated rules are in the same Division or Subdivision, the Oregon-initiated
rules are displayed in italics. The terms “subdivision” and “subpart” are synonymous within OAR 437,
Oregon Occupational Safety and Health rules.
These rules are available for viewing in the Office of the Secretary of State, Oregon State Archives
Building, Salem, Oregon.
These rules are available in electronic and printable formats at osha.oregon.gov.
Printed copies of these rules are available at:
Department of Consumer & Business Services
Oregon Occupational Safety & Health Division (Oregon OSHA)
350 Winter St. NE
Salem, OR 97301-3882
Or call the Oregon OSHA Resource Library at 503-378-3272.
Protective Equipment
I
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 2-2023
Division 4
Table of Contents
I - iii
Table of Contents
Table of Contents
437-004-1005 General Requirements for Protective Equipment .................................... 5
437-004-1020 Personal Fall Protection .......................................................................... 7
437-004-1030 Work Clothing........................................................................................ 10
437-004-1035 Eye and Face Protection ....................................................................... 11
437-004-1041 Respiratory Protection ........................................................................... 12
Appendix A to 437-004-1041, Respiratory Protection Fit Testing Procedures (Mandatory) 33
Appendix B-1 to 437-004-1041, Respiratory Protection User Seal Check Procedures
(Mandatory) ........................................................................................... 59
Appendix B-2 to 437-004-1041, Respiratory Protection Respirator Cleaning Procedures
(Mandatory) ........................................................................................... 61
Appendix C to 437-004-1041, Respiratory Protection ........................................................... 63
Apéndice C de OAR 437-004-1041, Protección de la Respiración ....................................... 73
Appendix D to OAR 437-004-1041 Information for Employees Voluntarily Using Respirators
(Mandatory) ........................................................................................... 83
Apéndice D de OAR 437-004-1041 Información para Trabajadores que Usan Respiradores
Voluntariamente (Obligatorio) ............................................................... 85
437-004-1050 Head Protection .................................................................................... 87
437-004-1060 Hand, Foot, and Extremity Protection ................................................... 87
437-004-1070 Working Underway on Water ................................................................ 89
437-004-1075 Working Over or in Water ...................................................................... 90
Appendix A to Subdivision 4/I Sample Hazard Assessment for Personal Protective
Equipment (PPE) (Nonmandatory) ........................................................ 91
Historical Notes for Subdivision I ........................................................................................... 98
Protective Equipment
I
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 2-2023
Division 4
437-004-1005
I - 5
437-004-1005 (3)(b)
437-004-1005 General Requirements for Protective Equipment
(1) Definitions.
Contaminants include any substance that can cause illness or physical harm to a
person by contact with or entry into the body. Examples include dust in the air and
pesticide residues in water.
Hazards include chemicals, contaminants, and energy sources that are present in the
workplace environment in a way that can cause injury to, or functional impairment
of, any part of the body through absorption, inhalation or physical contact.
Personal protective equipment (PPE) includes anything worn or used for protecting
a person from hazards.
(2) Hazard assessment and protective equipment selection.
Note: This section applies to protective equipment not covered in OAR 437-004-1041 (Respiratory
Protection) or OAR 437-004-0630 (Noise Exposure).
(a) The employer must assess the workplace to determine if hazards are present, or
are likely to be present, that would make the use of personal protective equipment
(PPE) necessary to protect employees.
(b) If such hazards are present, or likely to be present, the employer must:
(A) Select, and ensure that each exposed employee use, the types of PPE that
will protect them from the hazards identified in the hazard assessment;
(B) Communicate PPE selection decisions to each exposed employee; and,
(C) Select PPE that properly fits each exposed employee.
Note: Nonmandatory Appendix A to Subdivision I provides a sample hazard assessment
procedure.
(3) Payment for protective equipment.
(a) Except as in paragraphs (3)(b) through (3)(e), employers must provide, at no cost
to the employee, all protective equipment, including personal protective equipment
(PPE). For purposes of this rule, employees of labor contractors, labor leasing
companies and temporary labor providers are the employees of the using
employer. The using employer must supply PPE in compliance with this rule.
Note: When another Oregon OSHA standard specifies that the employer must pay for protective
equipment, that standard applies over this one.
(b) Employers do not have to pay for non-specialty safety-toe protective footwear
(including steel-toe shoes or steel-toe boots) and non-specialty prescription safety
eyewear, if the employer allows employees to wear the items off the job site.
I
Protective Equipment
Division 4
AO 2-2023
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-1005 (3)(c)
I - 6
437-004-1005 (10)
(c) When employers provide metatarsal guards and allow the employee, to use shoes
or boots with built-in metatarsal protection, employers do not have to reimburse
the employee for the shoes or boots.
(d) Employers do not have to pay for:
(A) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and
normal work boots; or
(B) Ordinary clothing, skin creams, or other items, used solely for protection from
weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats,
raincoats, ordinary sunglasses, and sunscreen.
(e) Employers must pay for replacement PPE, except when the employee has lost or
intentionally damaged the PPE.
Note: Employees must not be allowed to work in hazardous conditions without the appropriate PPE.
(f) Where an employee provides their own protective equipment the employer does
not have to reimburse the employee for that equipment. (Also see paragraph (4))
(4) Employees’ equipment. If employees provide their own protective equipment, the
employer is responsible to ensure that it is adequate and is right for the job and
hazards.
(5) Equipment inspection, maintenance, and storage. Do not allow workers to use defective
or damaged personal protective equipment. All protective equipment, whether furnished
by the employer or provided by the employee, must be maintained in a sanitary and
reliable condition.
(6) Skin protection. Where needed, provide and require the use of protective coverings,
such as aprons, ointments, gloves or other effective protection to employees exposed to
materials or conditions that are hazardous to their skin.
(7) Follow manufacturer’s instruction. Require employees to wear and use personal
protective equipment according to the manufacturer’s instructions.
(8) Watches and jewelry. Employees working where they might contact moving parts of
powered machinery or live parts of electrical equipment, must not be allowed to wear
rings, watches, earrings, bracelets or other things that could cause a hazard.
(9) Control hazards first. Contain or eliminate hazards at the source by using administrative
or engineering controls. Personal protective equipment is appropriate when these types
of controls are not feasible or where there are still hazards.
(10) Training.
Note: This section applies to protective equipment not covered in OAR 437-004-1041 (Respiratory
Protection) or OAR 437-004-0630 (Noise Exposure).
Protective Equipment
I
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 2-2023
Division 4
437-004-1005 (10)(a)
I - 7
437-004-1020 (1)
(a) The employer must provide training to each employee who is required to use
Personal Protective Equipment (PPE), that includes at least the following:
(A) When PPE is necessary;
(B) What type of PPE is necessary;
(C) How to properly put on, take off, adjust, and use the PPE;
(D) The limitations and useful life of the PPE; and,
(E) The proper care, maintenance, storage and disposal of the PPE.
(b) Each affected employee must demonstrate an understanding of the training
specified in paragraph (10)(a) of this section, and the ability to use PPE properly,
before being allowed to perform work requiring the use of PPE.
(c) When the employer has reason to believe that any affected employee who has
already been trained does not have the understanding and skill required by
paragraph (10)(a) of this section, the employer must retrain that employee.
Circumstances where retraining is required include:
(A) When changes in the workplace make previous training obsolete;
(B) When changes in the types of PPE to be used make previous training
obsolete;
(C) When deficiencies in an affected employee’s demonstrated knowledge or
use of assigned PPE indicate that the employee has not retained the
required understanding or skill.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
OR-OSHA Administrative Order 5-2008, filed 5/1/08, effective 5/15/08.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
437-004-1020 Personal Fall Protection
Note: The general requirements for Protective Equipment in 437-004-1005 apply to Personal Fall
Protection.
(1) Definitions.
Competent person is a person who because of training and experience, can identify
existing and predictable hazards in equipment, material, conditions or practices
and who has the knowledge and authority to take corrective steps.
Lanyard A flexible line connected at one end to a body belt or harness and at the
other end to an anchorage.
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437-004-1020 (3)(e)
Personal fall arrest system means a system used to stop an employee in a fall from a
working level. It consists of an anchorage, connectors, body harness and may
include a lanyard, deceleration device, lifeline, or suitable combinations of these.
Personal fall protection systems include arrest systems, restraint systems or
positioning device systems.
Personal fall restraint system means a fall protection system that prevents the user
from falling any distance. The system is comprised of either a body belt or body
harness, along with an anchorage, connectors and other necessary equipment.
The other components typically include a lanyard, and may also include a lifeline
and other devices.
Positioning device system means a body belt or body harness system rigged to allow
an employee to be supported on an elevated vertical surface, such as a wall, and
work with both hands free while leaning.
Qualified person is a person who has a recognized degree, certification, professional
standing, knowledge, training or experience; and has successfully demonstrated
the ability to perform the work, or solve or resolve problems relating to the work,
subject matter, or project.
(2) Protect all employees from falls when working:
(a) On unguarded surfaces more than 10 feet above a lower level; and
(b) Above open pits, tanks or dangerous equipment at any height.
Note: The requirements to protect employees from falls when working on unguarded surfaces more
than 10 feet above a lower level does NOT apply when the work is of limited duration and
limited exposure, and it is equally or more hazardous to set up or use a fall protection system.
Examples include work on haystacks, stacked silage, and stacked Christmas trees in open,
outdoor areas.
(3) Personal fall protection systems must use:
(a) Lanyards and vertical lifelines that have a minimum breaking strength of 5,000
pounds.
(b) Connectors that are drop forged, pressed or formed steel, or equivalent materials.
(c) Connectors that have a corrosion-resistant finish, and with smooth surfaces and
edges to prevent damage to interfacing parts of the system.
(d) Dee-rings, snap hooks or carabiners that have a minimum tensile strength of
5,000 lbs. and that are proof-tested to a minimum tensile load of 3,600 pounds
without cracking, breaking, or taking permanent deformation.
(e) Snap hooks and carabiners that are self-locking or double-locking and sized to be
compatible with the member to which they are connected.
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437-004-1020 (9)
(4) Use lifelines, body belts or safety harnesses and lanyards only for the purpose they
were intended. Remove fall protection equipment from service after it has been
subjected to a load.
(5) Anchorages:
(a) Anchorages used for attachment of personal fall arrest equipment must be
capable of supporting at least 5,000 pounds per employee attached, or must be
designed, installed, and used as follows:
(A) Under the supervision of a qualified person; and
(B) As part of a complete personal fall arrest system which maintains a safety
factor of at least two.
(b) Anchorages used for attachment of personal fall restraint or positioning device
systems must be capable of supporting 3000 lbs. per employee attached, or be
designed, installed and used as follows:
(A) Under the supervision of a qualified person; and
(B) As part of a complete personal fall restraint or positioning device system
which maintains a safety factor of at least two.
(6) Horizontal lifelines must be designed, installed, and used, under the supervision of a
qualified person, as part of a complete personal fall arrest system, which maintains a
safety factor of at least two.
(7) Fall arrest and fall restraint systems.
(a) Fall arrest systems must be rigged so that an employee can neither free fall more
than 6 feet, nor contact any lower level.
(b) Fall arrest systems, when stopping a fall, must limit maximum arresting force on
an employee to 1,800 pounds
(c) Fall arrest systems must bring an employee to a complete stop and limit maximum
deceleration distance an employee travels to 3.5 feet.
(d) Fall restraint systems must be rigged to prevent the user from falling any distance.
(e) Positioning device systems must be rigged such that an employee cannot free fall
more than 2 feet.
(8) Personal fall protection systems must be inspected by a competent person prior to each
use for wear, damage and other deterioration, and defective components must be
removed from service.
(9) When employees use personal fall arrest systems, the employer must provide for
prompt rescue of employees in the event of a fall or ensure that employees are able to
rescue themselves.
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437-004-1020 (9)
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437-004-1030 (3)(b)
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
437-004-1030 Work Clothing
(1) General requirements. Ensure that employees:
(a) Wear clothing that provides adequate protection for the hazards of the work.
(b) Do not wear loose sleeves or other loose clothing when near enough to be caught
in moving parts of machinery.
Note: See Divisions 4/O and 4/P for equipment and tool guarding requirements.
(c) Do not wear clothing soaked with flammable liquids or contaminated with other
hazardous substances.
Note: See Subdivision 4/P 437-004-2230 for requirements for PPE while using chain saws.
(2) High visibility garments.
(a) The employer is responsible to determine, before work begins, if any task or work
assigned will expose employees to hazards caused by on-highway type moving
vehicles in work zones and street or highway traffic.
(b) Work that exposes employees to these hazards must comply with Division 2/I,
437-002-0134(7) High Visibility Garments.
(3) Face coverings.
(a) Allow employees to wear a face covering if they so choose, unless doing so
creates or otherwise exposes the employee to a hazard.
(b) Employers must supply these items at no cost to employees when the employer
requires their use.
Note: For purposes of this rule, employers are not required to allow voluntary use of respirators if an
employee requests to use one in lieu of a face covering.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
OR-OSHA Administrative Order 9-2006, filed 9/22/06, effective 9/22/06.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
OR-OSHA Temporary Administrative Order 1-2023, filed 3/30/23, effective 4/3/23.
OR-OSHA Administrative Order 2-2023, filed 8/16/23, effective 8/17/23
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437-004-1035
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437-004-1035 (2)(a)(C)
437-004-1035 Eye and Face Protection
Notes:
See Division 4/Q, 437-004-2310(6) for the protective equipment requirements for welders in agricultural
workplaces.
See Division 4/W, 437-004-6000, 170.240(c)(7) for the protective eyewear requirements for pesticide
handlers.
(1) General requirements. Employers must:
(a) Provide and require the use of eye or face protection that protects employees from
hazards such as flying particles, molten metal, liquid chemicals, acids or caustic
materials, gases and vapors, electrical hazards, or potentially harmful light
radiation.
(b) If an employee wears prescription lenses while doing work that involves eye or
face hazards, either provide protective equipment that incorporates the
prescription lenses or provide protective equipment that can be worn over the
prescription lenses in a way that does not disturb the proper position of either the
prescription lenses or the protective equipment.
(c) Require employees to use eye or face protection with side protection when there is
a hazard from flying objects. Detachable side protectors on safety glasses (such
as, clip-on or slide-on side shields) are acceptable if they offer adequate protection
from the hazard.
(d) Eye and face protection equipment must be clean and in good repair.
(2) Criteria for protective eye and face devices.
(a) Protective eye and face protection devices must comply with any of the following
consensus standards:
(A) ANSI Z87.1-2003, “American National Standard Practices for Occupational
and Educational Eye and Face Protection;”
(B) ANSI Z89.1-1997, “American National Standard for Industrial Head
Protection;”
(C) ANSI Z89.1-1986, “American National Standard for Personnel Protection
Protective Headwear for Industrial Workers Requirements.”
Note: The Oregon OSHA Resource Center has copies of these standards for public review at
350 Winter Street NE, Salem OR.
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437-004-1041 (2)
(b) Protective eye and face protection devices that the employer demonstrates are at
least as effective as protective eye and face protection devices that are
constructed in accordance with one of the consensus standards will be deemed to
be in compliance with the requirements of this section.
(3) Laser protection.
(a) The employer is responsible to determine, before work begins, if any task or work
assigned will expose employees to laser light beams.
(b) Work that exposes employees to laser light beams must be furnished laser safety
goggles which will protect for the specific wavelength of the laser and be of optical
density adequate for the energy involved.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
OR-OSHA Administrative Order 2-2010, filed 2/25/10, effective 2/25/10.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
437-004-1041 Respiratory Protection
(1) Permissible practice.
(a) To control occupational diseases caused by breathing contaminated air, the best
method is to prevent contamination with engineering controls. To the extent
feasible, accepted engineering controls must be used. Examples of engineering
controls include enclosing the source of contamination, providing general or local
exhaust ventilation to remove the contaminated air from work areas, and
substituting less toxic materials. When this approach is not feasible, or while
engineering controls are being established, employers must provide appropriate
respirators in compliance with this standard.
(b) You must provide a respirator to each employee when it is necessary to protect
their health. Respirators must be appropriate for the hazard. You must also
establish and maintain an effective respiratory protection program that includes at
least the requirements outlined in paragraph (3) of this standard. The program
must cover each employee required to use a respirator.
(2) Definitions. The following definitions apply to this standard.
Air-purifying respirator is a respirator with an air-purifying filter, cartridge, or canister
that removes specific air contaminants by passing ambient air through the air-
purifying element.
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437-004-1041 (2)
Assigned protection factor (APF) means the workplace level of respiratory protection
that a respirator or class of respirators is expected to provide to employees when
the employer implements a continuing, effective respiratory protection program as
specified by this section.
Atmosphere-supplying respirator is a respirator that supplies the user with breathing
air from a source independent of the ambient atmosphere, and includes supplied-
air respirators (SARs) and self-contained breathing apparatus (SCBA) units.
Canister or cartridge is a container with a filter, sorbent, or catalyst, or combination of
these items, that removes specific contaminants from the air passed through the
container.
Competent person is a person who, because of training and experience, can identify
existing and predictable hazards in equipment, material, conditions or practices
and who has the knowledge and authority to take corrective steps.
Demand respirator is an atmosphere-supplying respirator that admits breathing air to
the face piece only when inhalation creates a negative pressure inside the face
piece.
Elastomer (elastomeric) is an elastic substance like rubber or neoprene.
Emergency situation is any event such as, but not limited to, equipment failure,
rupture of containers, or failure of control equipment that may or does result in an
uncontrolled significant release of an airborne contaminant.
Employee exposure is exposure to a concentration of an airborne contaminant that
would occur if the employee were not using respiratory protection.
End-of-service-life indicator (ESLI) is a device, on the cartridge, that warns respirator
users when their respirator is near the end of its ability to protect them. For
example, an indicator on the cartridge will change to warn the user that the
cartridge sorbent material is nearing saturation and is no longer effective.
Engineering control measures are methods to eliminate or control employee
exposure to the hazard; e.g., substitution of a less toxic material, general or local
ventilation and enclosing the operation.
Escape-only respirator is a respirator only for use during emergency exit.
Filter or air purifying element is a respirator component (e.g., canister or cartridge)
that removes solid or liquid aerosols from the inspired air.
Filtering face piece (dust mask) is a tight fitting negative pressure particulate
respirator with a filter as an integral part of the face piece or with the entire face
piece made of the filtering medium.
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437-004-1041 (2)
Fit factor is a quantitative estimate of the fit of a particular respirator to a specific
person, and typically estimates the ratio of the concentration of a substance in
ambient air to its concentration inside the respirator when worn. Instrumentation is
used with ambient air as the “test agent” to quantify the respirator fit. See appendix
A.
Fit test is the use of procedures in Appendix A to qualitatively or quantitatively evaluate
the fit of a respirator on a person. (See also Qualitative fit test QLFT and
Quantitative fit test QNFT.)
Helmet is a rigid respirator covering that also provides head protection against impact
and penetration.
High efficiency particulate air (HEPA) filter is a filter that is at least 99.97 percent
efficient in removing monodisperse particles of 0.3 micrometers in diameter. The
equivalent NIOSH 42 CFR 84 particulate filters are the N100, R100, and P100
filters.
Hood is a respirator covering that completely covers the head and neck and may also
cover portions of the shoulders and torso.
Immediately dangerous to life or health (IDLH) is an atmosphere that poses an
immediate threat to life, would cause irreversible adverse health effects, or would
impair an individual’s ability to escape from a dangerous atmosphere.
Interior structural firefighting is the physical activity of fire suppression, rescue or
both, inside of buildings or enclosed structures which are involved in a fire
situation beyond the incipient stage.
Loose-fitting face piece is a respiratory covering that forms a partial seal with the face,
e.g., hood.
Maximum use concentration (MUC) means the maximum atmospheric concentration
of a hazardous substance from which an employee can be expected to be
protected when wearing a respirator, and is determined by the assigned protection
factor of the respirator or class of respirators and the exposure limit of the
hazardous substance. The MUC can be determined mathematically by multiplying
the assigned protection factor specified for a respirator by the required OSHA
permissible exposure limit, short-term exposure limit, or ceiling limit. When no
OSHA exposure limit is available for a hazardous substance, an employer must
determine an MUC on the basis of relevant available information and informed
professional judgment.
Negative pressure respirator (tight fitting) is a respirator in which the air pressure
inside the face piece is negative during inhalation with respect to the ambient air
pressure outside the respirator.
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437-004-1041 (2)
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437-004-1041 (3)
Oxygen deficient atmosphere is an atmosphere with an oxygen content less than 19.5
percent by volume.
Physician or other licensed health care professional (PLHCP) is a person whose
legally permitted scope of practice (i.e., license, registration, or certification) allows
them to independently provide, or be delegated to provide, some or all of the
health care services required by this standard.
Positive pressure respirator is a respirator in which the pressure inside the respiratory
covering is higher than the air pressure outside the respirator.
Powered air-purifying respirator (PAPR) is an air-purifying respirator that uses a
blower to force the ambient air through air-purifying elements to the inlet covering.
Pressure demand respirator is a positive pressure atmosphere-supplying respirator
that admits breathing air to the face piece when inhalation reduces the positive
pressure inside the face piece.
Qualitative fit test (QLFT) is a pass/fail fit test to assess the adequacy of respirator fit
that relies on the individual’s response to the test agent. See Appendix A.
Quantitative fit test (QNFT) is an assessment of the adequacy of respirator fit by
numerically measuring the amount of leakage into the respirator. See Appendix A.
Respirator covering is that part of a respirator that forms the protective barrier
between the user’s respiratory tract and an air-purifying device or breathing air
source, or both. It may be a face piece, helmet, hood, suit, or a mouthpiece
respirator with nose clamp.
Self-contained breathing apparatus (SCBA) is an atmosphere-supplying respirator
for which user carries the breathing air source.
Service life is the period of time that a respirator, filter or sorbent, or other respiratory
equipment adequately protects the wearer.
Supplied-air respirator (SAR) or airline respirator is an atmosphere-supplying
respirator for which the source of breathing air is not carried by the user.
Tight-fitting face piece is a respirator covering that forms a complete seal with the
face, e.g., half mask or full-face piece.
User seal check is an action by the respirator user to determine if the respirator is
properly seated to the face. See appendix B-1.
(3) Respiratory protection program.
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437-004-1041 (3)(a)
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437-004-1041 (3)(c)(B)
(a) When respirators are necessary to protect the health of workers or when you
require workers to wear them, you must have an effective, written respiratory
protection program, managed by a knowledgeable person, with procedures
specific to your work site. Keep the program updated to reflect changes in
conditions that require the use of respirators. You must include at least these
points, as applicable:
(A) Procedures for selecting respirators for use in the workplace;
(B) Procedures for the medical evaluations of employees required to use
respirators;
(C) Fit testing procedures for tight-fitting respirators;
(D) Procedures for proper use of respirators in routine and reasonably
foreseeable emergency situations;
(E) Procedures and schedules for cleaning, disinfecting, storing, inspecting,
repairing, discarding, and otherwise maintaining respirators;
(F) Procedures to ensure adequate air quality, quantity, and flow of breathing air
for atmosphere-supplying respirators;
(G) Procedures for training employees in the respiratory hazards to which they
are potentially exposed during routine and emergency situations;
(H) Procedures for training employees in the proper use of respirators, including
putting on and removing them, any limitations on their use, and their
maintenance; and
(I) Procedures for regularly evaluating the effectiveness of the program.
(b) The employer must provide respirators, and all other program requirements
including training, and medical evaluations at no cost to the employee.
(c) Where respirator use is voluntary:
(A) You may provide respirators to employees who request them or they may
use their own respirators. If you allow this voluntary use;
(i) You must determine that it will not create a hazard to the user.
(ii) You must provide the voluntary user with the information in Appendix D,
“Information for Employees Using Respirators When Not Required
Under the Standard”, and;
(B) You must have a limited written respiratory program for voluntary users. It
must include those parts of the standard program necessary to ensure that:
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437-004-1041 (4)(b)(C)
(i) The user is medically able to use the respirator without adverse health
effects. Users of tight-fitting respirators other than dust masks must
have a medical evaluation.
(ii) The user will properly clean, store and maintain the respirator.
(4) Selection of respirators. Identify and evaluate the respiratory hazard(s) including a
reasonable estimate of employee exposures and an identification of the contaminant’s
chemical state and physical form. You must treat atmospheres with the potential for
IDLH conditions as an IDLH hazard and provide appropriate respiratory protection.
(a) General requirements.
(A) You must evaluate respiratory hazards, conditions in the workplace and user
factors, then select and provide the appropriate respirators.
(B) All respirators must have NIOSH certification and all use must conform to
that certification.
(C) Respirators must correctly fit and be acceptable to the user.
(b) Respirators for IDLH atmospheres.
(A) Provide the following respirators for employee use in IDLH atmospheres:
(i) A full face piece pressure demand SCBA certified by NIOSH for a
minimum service life of 30 minutes, or
(ii) A combination full-face piece pressure demand supplied-air respirator
(SAR) with auxiliary self-contained air supply.
(B) Respirators only for escape from IDLH atmospheres must have NIOSH
certification for escape from the atmosphere of use.
(C) Treat all oxygen-deficient atmospheres as IDLH.
Exception to paragraph (4)(b)(C): If you can demonstrate that under all foreseeable
conditions, the oxygen concentration will stay within the ranges in Table A for the
appropriate altitudes set out in the table, then your selection of atmosphere-supplying
respirators is not limited to the types listed in (4)(b)(A).
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437-004-1041 (4)(b)(C)
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437-004-1041 (4)(c)(A)(i)
Table A
Altitude (ft.)
Oxygen deficient Atmospheres (% 0
2
) for which the employer may rely on
atmosphere-supplying respirators
Less than 3,001
16.0-19.5
3,001-4,000
16.4-19.5
4,001-5,000
17.1-19.5
5,001-6,000
17.8-19.5
6,001-7,000
18.5-19.5
7,000-8,000
1
19.3-19.5
1
This exception does not apply to altitudes above 8,000 feet. Oxygen-enriched breathing air must be
supplied above 14,000 feet.
(c) Respirators for atmospheres that are not IDLH.
(A) Provide respirators adequate to protect the health of workers and ensure
compliance with all other OR-OSHA requirements, under routine and
reasonably foreseeable emergency situations.
(i) Assigned Protection Factors (APFs). Employers must use the assigned
protection factors listed in Table B to select a respirator that meets or
exceeds the required level of employee protection. When using a
combination respirator (e.g., airline respirators with an air-purifying
filter), employers must ensure that the assigned protection factor is
appropriate to the mode of operation in which the respirator is being
used.
Table B Assigned Protection Factors
5
Type of respirator
1,2
Quarter
mask
Half
mask
Full
facepiece
Helmet/
hood
Loose-fitting
facepiece
1. Air-Purifying Respirator
5
3
10
50
2. Powered Air-Purifying Respirator
(PAPR)
50
1,000
4
25/1,000
25
3. Supplied-Air Respirator (SAR) or Airline Respirator
Demand mode
10
50
Continuous flow mode
50
1,000
4
25/1,000
25
Pressure-demand or other
positive-pressure mode
50
1,000
4. Self-contained Breathing Apparatus (SCUBA)
Demand mode
10
50
50
Pressure-demand or other
positive-pressure mode (e.g.,
open/closed circuit)
10,000
10,000
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437-004-1041 (4)(c)(C)(ii)(I)
Notes:
1
Employers may select respirators assigned for use in higher workplace concentrations of a hazardous
substance for use at lower concentrations of that substance, or when required respirator use is
independent of concentration.
2
The assigned protection factors in Table B are only effective when the employer implements a continuing,
effective respirator program as required by this section (Division 4/I, 437-004-1041), including training, fit
testing, maintenance, and use requirements.
3
This APF category includes filtering facepieces, and half masks with elastomeric facepieces.
4
The employer must have evidence provided by the respirator manufacturer that testing of these
respirators demonstrates performance at a level of protection of 1,000 or greater to receive an APF of
1,000. This level of performance can best be demonstrated by performing a WPF or SWPF study or
equivalent testing. Absent such testing, all other PAPRs and SARs with helmets/hoods are to be treated
as loose-fitting facepiece respirators, and receive an APF of 25.
5
These APFs do not apply to respirators used solely for escape. For escape respirators used in
association with specific substances covered by Division 4/Z, employers must refer to the appropriate
substance-specific standards in that subpart. Escape respirators for other IDLH atmospheres are
specified by Division 4/I, 437-004-1041(4)(b)(B).
(ii) Maximum Use Concentration (MUC).
(I) The employer must select a respirator for employee use that
maintains the employee’s exposure to the hazardous substance,
when measured outside the respirator, at or below the MUC.
(II) Employers must not apply MUCs to conditions that are
immediately dangerous to life or health (IDLH); instead, they must
use respirators listed for IDLH conditions in paragraph (4)(b) of
this standard.
(III) When the calculated MUC exceeds the IDLH level for a
hazardous substance, or the performance limits of the cartridge or
canister, then employers must set the maximum MUC at that
lower limit.
(B) The respirator must be appropriate for the chemical state and physical form
of the contaminant.
(C) For protection against gases and vapors, provide:
(i) An atmosphere-supplying respirator, or
(ii) An air-purifying respirator, if:
(I) It has and end-of-service-life indicator (ESLI) certified by NIOSH
for the contaminant; or
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437-004-1041 (5)(c)
(II) If there is no ESLI appropriate for your conditions, implement a
change schedule for canisters and cartridges that is based on
objective information or data that will ensure that canisters and
cartridges are changed before the end of their service life.
Describe in the respirator program the information and data relied
on and the basis for the canister and cartridge change schedule
and the basis for reliance on the data.
Note: The Worker Protection Standard contains criteria for specific change out
schedules for respirator canisters and cartridges. See Division 4/W,
170.240.
(D) For protection against particulates, provide:
(i) An atmosphere-supplying respirator; or
(ii) An air-purifying respirator with a filter certified by NIOSH under 30 CFR
part 11 as a high efficiency particulate air (HEPA) filter, or an air-
purifying respirator with a filter certified for particulates by NIOSH under
42 CFR part 84; or
(iii) For contaminants consisting primarily of particles with mass median
aerodynamic diameters (MMAD) of at least 2 micrometers, an air-
purifying respirator with any filter certified for particulates by NIOSH.
(5) Medical evaluation. Using a respirator may place a physiological burden on employees
that depends on the type of respirator, the job and workplace conditions in which the
respirator is used, and the medical status of the employee.
(a) General. You must provide medical evaluations to determine each worker’s ability
to use a respirator without causing adverse health effects. Do this before the
worker’s fit test and before they perform any work requiring respirator use. The
employer may discontinue an employee’s medical evaluations when the employee
no longer uses a respirator.
(b) Medical evaluation procedures. The employer must identify a physician or other
licensed health care professional (PLHCP) to perform medical evaluations using a
medical questionnaire or an initial examination that obtains the same information
as the medical questionnaire. The medical evaluation must obtain the information
requested by the questionnaire in Appendix C, Part A, Sections 1 and 2, of this
standard.
Note: If the employee refuses the examination, they may not be permitted to work in jobs that
require a tight-fitting respirator.
(c) Follow-up medical examination.
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(A) The employer must ensure that a follow-up medical examination is provided
for an employee if, in the opinion of the PLHCP, this is necessary.
Note: The PLHCP may require a follow-up examination for an employee who gives a positive
response to any question among questions 1 through 9, or 10 through 15 in Appendix C,
Part A, Section 2; or whose initial medical examination demonstrates the need for a
follow-up medical examination.
(B) The follow-up medical examination must include any medical tests,
consultations, or diagnostic procedures that the PLHCP deems necessary to
make a final determination.
(d) Administration of the medical questionnaire and examinations.
(A) You must allow the employee to complete the questionnaire in a way that
protects the confidentiality of the information. Employers are not allowed to
see the answers or to review the completed form. You must allow employees
to complete the form during normal working hours or at a time and place
convenient to them. If employees need help, allow them to ask your PLHCP
or anybody other than their employer or representatives of their employer.
(B) The employer must provide the employee with an opportunity to discuss the
questionnaire and examination results with the PLHCP.
(e) Supplemental information for the PLHCP.
(A) You must give the PLHCP the required supplemental information before they
make any recommendation about a worker’s ability to use a respirator. Use
Appendix C, Part B, Section 2 of this standard, or an equivalent form to
provide this information.
(i) The type and weight of the respirator the employee will use;
(ii) How long and how often the employee will use the respirator (including
use for rescue and escape);
(iii) The expected physical work effort while using the respirator;
(iv) Additional protective clothing and equipment to be worn; and
(v) Temperature and humidity extremes that may exist during use.
(B) Supplemental information you provide for an employee’s medical evaluation
does not have to be provided again for later evaluations unless the
information or the PLHCP changes.
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Note to Paragraph (5)(e): When the employer replaces a PLHCP, the employer must ensure that
the new PLHCP has this information, either by providing the documents directly to the new
PLHCP or by having the documents transferred from the former PLHCP to the new PLHCP.
However, OR-OSHA does not expect employers to have employees medically reevaluated
solely because there is a new PLHCP.
(f) Medical determination. In determining the employee’s ability to use a respirator,
the employer must:
(A) Obtain a written recommendation about the employee’s ability to use the
respirator from the PLHCP. The recommendation must provide only the
following information:
(i) Any limitations on respirator use relating to the medical condition
of the employee, or relating to the workplace conditions, including
whether or not the employee is medically able to use the
respirator;
(ii) The need, if any, for follow-up medical evaluations; and
(iii) A statement that the PLHCP gave a copy of the recommendation
to the worker.
(B) If the respirator is a negative pressure respirator and the PLHCP finds
that using it would increase the employee’s health risk, the employer
must provide a PAPR until a subsequent evaluation clears the
employee for another type.
(g) Additional medical evaluations. At a minimum, the employer must provide
additional medical evaluations that comply with this standard if:
(A) An employee reports medical signs or symptoms related to ability to use a
respirator;
(B) A PLHCP, supervisor, or the knowledgeable person who manages the
respiratory protection program informs the employer that an employee needs
a reevaluation; or
(C) Information from the respiratory protection program, including observations
made during fit testing and program evaluation, indicates a need for
employee reevaluation; or
(D) A change occurs in work conditions (such as physical work effort, protective
clothing, and temperatures) that may result in a substantial increase in the
physiological burden to the employee.
(6) Fit testing. You must:
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(a) Ensure that employees using a tight-fitting face piece respirator pass an
appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT), using the
same make, model, style and size respirator that they will use in the workplace.
(b) Ensure that each worker using a tight-fitting face piece respirator is fit tested,
before initial respirator use; whenever they change to another type, style, model,
or make of respirator, and at least annually thereafter.
(c) Do a new fit test on a worker when you observe or the worker, a supervisor, the
program administrator, or a PLCHP report any change in the worker’s physical
condition that could affect the respirator fit. Such conditions include, but are not
limited to, facial scarring, dental changes, cosmetic surgery, or an obvious change
in body weight.
(d) Give employees a reasonable opportunity to select a different respirator face piece
and redo the fit test if, after passing a QLFT or QNFT, the employee notifies the
employer, supervisor, or PLHCP that the fit of the respirator is unacceptable.
(e) Ensure that all fit tests comply with the accepted QLFT or QNFT protocols in
Appendix A of this standard.
(f) Ensure that qualitative fit tests (QLFT) are used only to fit test negative pressure
air-purifying respirators that must achieve an assigned protective factor of 50 or
less.
(g) Ensure that quantitative fit tests (QNFT), using an accepted QNFT protocol, are
only passed by achieving a fit factor of 100 or more for a tight fitting half face piece
respirator, and a fit factor of 500 or more for a tight fitting full face piece respirator.
(h) Ensure that fit testing of tight-fitting atmosphere-supplying respirators and tight-
fitting powered air-purifying respirators is only accomplished by performing
quantitative or qualitative fit testing in the negative pressure mode, regardless of
the mode of operation (negative or positive pressure) that is used for respiratory
protection.
(A) Do qualitative fit testing of these respirators by temporarily converting the
respirator user’s actual face piece into a negative pressure respirator with
appropriate filters, or by using an identical negative pressure air-purifying
respirator face piece with the same sealing surfaces as a surrogate for the
atmosphere-supplying or powered air-purifying respirator face piece.
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(B) Do quantitative fit testing of these respirators by modifying the face piece to
allow sampling inside the face piece in the breathing zone of the user,
midway between the nose and mouth. Do this by installing a permanent
sampling probe onto a surrogate face piece, or by using a sampling adapter
designed to temporarily provide a way to sample air from inside the face
piece.
(C) Before returning a face piece to normal use, completely remove any
modifications done for fit testing, and restore the face piece to NIOSH-
approved configuration.
(7) Use of respirators.
(a) Face piece seal protection.
(A) You must not permit workers to wear tight-fitting face pieces if they have:
(i) Facial hair that comes between the face-to-face piece sealing surface
or that interferes with the respirator’s valve function; or
(ii) Any other condition that interferes with the face-to-face piece seal or
valve function.
(B) If an employee wears glasses or goggles or other personal protective
equipment, the employer must ensure that it does not interfere with the seal
of the face piece to the face of the user.
(C) Employers must ensure that workers who wear respirators perform a user
seal check before every use, using the procedures in Appendix B-1 or, if
equally effective, the recommendations of the respirator manufacturer.
(b) Continuing respirator effectiveness.
(A) You must reevaluate the effectiveness of a respirator when there is a change
in work area conditions or degree of employee exposure or stress that may
affect respirator effectiveness.
(B) You must ensure that employees leave the area where respirators are
required:
(i) To wash their faces and respirator face pieces as necessary to prevent
eye or skin irritation associated with respirator use; or
(ii) If they detect vapor or gas breakthrough, changes in breathing
resistance, or leakage of the face piece; or
(iii) To replace the respirator or the filter, cartridge, or canister elements.
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(C) If the employee detects vapor or gas breakthrough, changes in breathing
resistance, or leakage of the face piece, the employer or a competent person
must replace or repair the respirator before allowing the employee to return
to the work area.
(c) Procedures for IDLH atmospheres. For all IDLH atmospheres, the employer must
ensure that:
(A) One employee or, when needed, more than one employee is stationed
outside the IDLH atmosphere;
(B) Visual, voice, or line communication is continuous between the employee(s)
in the IDLH atmosphere and the employee(s) outside the IDLH atmosphere;
(C) The employee(s) outside the IDLH atmosphere have the training and
equipment to provide effective emergency rescue;
(D) The employer or designee is notified before the employee(s) outside the
IDLH atmosphere enter the IDLH atmosphere to provide emergency rescue;
(E) The employer or designee authorized to do so by the employer, once
notified, provides necessary assistance appropriate to the situation;
(F) Employee(s) outside the IDLH atmospheres have:
(i) Pressure demand or other positive pressure SCBAs, or a pressure
demand or other positive pressure supplied-air respirator with auxiliary
SCBA; and either
(ii) Appropriate retrieval equipment for removing the employee(s) who
enter(s) these hazardous atmospheres where retrieval equipment
would contribute to the rescue of the employee(s) and would not
increase the overall risk resulting from entry; or
(iii) Equivalent means for rescue when there is no requirement for retrieval
equipment under paragraph (7)(c)(F)(ii).
(d) Procedures for interior structural firefighting. If you require your workers to fight
interior structural fires, paragraph (7)(c) applies. You must also do the following:
(A) At least two employees enter the IDLH atmosphere and remain in visual or
voice contact with one another at all times; and
(B) At least two employees are located outside the IDLH atmosphere; and
(C) All employees engaged in interior structural firefighting use SCBA’s.
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Note 1 to paragraph (7)(d): One of the two individuals located outside the IDLH atmosphere may
be assigned to an additional role, such as incident commander in charge of the emergency or
safety officer, so long as this individual is able to perform assistance or rescue activities with-
out jeopardizing the safety of health of any firefighter working at the incident.
Note 2 to paragraph (7)(d): Nothing in this section is meant to preclude firefighters from performing
emergency rescue activities before an entire team has assembled.
(8) Maintenance and care of respirators.
(a) Cleaning and disinfecting. You must provide each respirator user with a respirator
that is clean, sanitary, and in good working order. You also must ensure that
respirators are cleaned and disinfected using the procedures in Appendix B-2, or
equally effective procedures recommended by the respirator manufacturer, at the
following intervals:
(A) Clean and disinfect respirators used exclusively by one worker as often as
necessary to keep them sanitary;
(B) Clean and disinfect respirators after each use, or before being worn by
different individuals, if used by more than one worker;
(C) Clean and disinfect emergency use respirators after each use; and
(D) Clean and disinfect fit test and training respirators after each use.
(b) Storage. Ensure that respirators are stored as follows:
(A) Store all respirators to protect them from damage, contamination, dust,
sunlight, extreme temperatures, excessive moisture, damaging chemicals,
and to prevent deformation of the face piece and exhalation valve.
(B) In addition to the requirements of paragraph (8)(b)(A), keep emergency
respirators:
(i) Accessible to the work area;
(ii) In compartments or in covers clearly marked as containing emergency
respirators; and
(iii) In accordance with any applicable manufacturer instructions.
(c) Inspections.
(A) The employer must require respirator inspections as follows:
(i) Inspect all routine use respirators before each use and during cleaning;
(ii) Inspect emergency use respirators at least monthly and according to
the manufacturer’s recommendations. Check for proper function before
and after each use; and
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(iii) Inspect escape respirators before taking them into the workplace for
use.
(B) The employer must ensure that respirator inspections include the following:
(i) A check of respirator function, tightness of connections, and the
condition of the various parts including, but not limited to, the face
piece, head straps, valves, connecting tube, and cartridges, canisters or
filters; and
(ii) A check of elastomeric parts for pliability and signs of deterioration.
(C) In addition to the requirements of paragraphs (8)(c)(A) and (B), inspect self-
contained breathing apparatus monthly. Keep air and oxygen fully charged
and recharge them when the pressure falls to 90 percent of the
manufacturer’s recommended pressure level. Be certain the regulator and
warning devices work properly.
(D) For emergency use respirators, the employer must:
(i) Certify the respirator by documenting the date of inspection, the name
(or signature) of the inspector, the findings, required remedial action,
and a serial number or other means of identifying the respirator; and
(ii) Provide this information on a tag or label attached to the respirator
storage compartment, or keep it with the respirator, or include it in
paper or electronic inspection reports. Keep this information until the
next report replaces it.
(d) Repairs. Do not use respirators that fail an inspection or are otherwise defective.
Either discard them or repair them according to these procedures:
(A) Only people with appropriate training may repair or adjust respirators. They
must use only the manufacturer’s NIOSH-approved parts designed for the
particular respirator;
(B) Repairs must conform to the manufacturer’s recommendations for the type of
repair to be performed;
(C) Only the manufacturer or a technician trained by the manufacturer may repair
or adjust the reducing and admission valves, regulators and alarms.
(9) Breathing air quality and use.
(a) The employer must ensure or have their supplier certify that compressed air,
compressed oxygen, liquid air, and liquid oxygen used for respiration meets the
following specifications:
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(A) Compressed and liquid oxygen must meet the United States Pharmacopoeia
requirements for medical or breathing oxygen; and
(B) Compressed breathing air must meet at least the requirements for Grade D
breathing air described in ANSI/Compressed Gas Association Commodity
Specification for Air, G-7.1-1989, to include:
(i) Oxygen content (v/v) between 19.5 and 23.5 percent;
(ii) Hydrocarbon (condensed) content of no more than 5 milligrams per
cubic meter of air;
(iii) Carbon monoxide (CO) content of no more than 10 ppm;
(iv) Carbon dioxide content of no more than 1,000 ppm; and
(v) No noticeable odor.
Note: Do not fill your own air vessels unless they and the contents meet all the requirements of this
standard.
(b) Do not use compressed oxygen in atmosphere-supplied respirators that previously
held compressed air.
(c) The employer must ensure that oxygen concentrations more than 23.5 percent are
used only in equipment designed for oxygen service or distribution.
(d) The employer must ensure that cylinders to supply breathing air to respirators
meet the following requirements:
(A) Cylinders are tested and maintained as prescribed in the Shipping Container
Specification Regulations of the Department of Transportation (49 CFR part
180);
(B) Cylinders of purchased breathing air have a certificate of analysis from the
supplier that the breathing air meets the requirements for Grade D breathing
air; and
(C) The moisture content in the cylinder does not exceed a dew point of 50
degrees F. (-45.6 degrees C.) at 1 atmosphere pressure.
(e) The employer must ensure that compressors supplying breathing air to respirators
are constructed and situated to:
(A) Prevent entry of contaminated air into the air-supply system;
(B) Minimize moisture content so that the dew point at 1 atmosphere pressure is
10 degrees F. (5.56 degrees C.) below the ambient temperature;
(C) Have suitable in-line air-purifying sorbent beds and filters to further ensure
breathing air quality. Maintain and replace sorbent beds and filters according
to the manufacturer’s instructions.
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(D) Have a tag at the compressor showing the most recent change date and the
signature of the authorized person who did the change.
(f) For compressors that are not oil-lubricated, ensure that carbon monoxide levels in
the breathing air do not exceed 10 ppm.
(g) For oil-lubricated compressors, use only a high-temperature or carbon monoxide
alarm, or both, to monitor carbon monoxide levels. If you use only high-
temperature alarms, monitor the air supply often enough to prevent carbon
monoxide in the breathing air from exceeding 10 ppm.
(h) The employer must ensure that breathing air couplings are incompatible with
outlets for nonrespirable worksite air or other gas systems. Do not allow any
asphyxiating substance to get into breathing airlines.
(i) Use only the respirator manufacturer’s NIOSH approved breathing gas containers
marked and maintained in accordance with the Quality Assurance provisions of
the NIOSH approval for the SCBA, as issued in accordance with the NIOSH
respirator certification standard at 42 CFR part 84.
(10) Identification of filters, cartridges, and canisters. The employer must ensure that all
filters, cartridges and canisters have labels and color codes that comply with the NIOSH
standards and that the label remains in place and legible.
(11) Training and information.
(a) The employer must ensure that each employee can demonstrate knowledge of at
least the following:
(A) Why the respirator is necessary and how improper fit, use, or maintenance
can compromise the protective effect of the respirator;
(B) What the limitations and capabilities of the respirator are;
(C) How to use the respirator effectively in emergency situations, including
situations in which the respirator malfunctions;
(D) How to inspect, put on and remove, use, and check the seals of the
respirator;
(E) What the procedures are for maintenance and storage of the respirator;
(F) How to recognize medical signs and symptoms that may limit or prevent the
effective use of respirators; and
(G) The general requirements of this rule.
(b) Training must be in a language or form that workers understand.
(c) Training must be complete before workers use respirators.
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(d) Retrain respirator users annually and when these situations happen:
(A) Changes in the work or the type of respirator make previous training
obsolete;
(B) Inadequacies in the employee’s knowledge or use of the respirator indicate
that they no longer have the basic understanding or skill; or
(C) Any other situation arises in which retraining appears necessary to ensure
safe respirator use.
(e) An employer who can demonstrate that a new employee has training within the
last 12 months that addresses the elements in paragraph (11)(a)(A) through (G)
does not have to repeat that training if, the employee can demonstrate knowledge
of those element(s). Previous training not repeated initially by the employer must
be provided no later than 12 months from the date of the previous training.
(f) Provide every voluntary respirator user with the basic advisory information in
Appendix D. Any written or oral format that the employee understands is
acceptable.
(12) Program evaluation.
(a) Evaluate the workplace as necessary to ensure effective implementation of the
current written program.
(b) Regularly consult your respirator users to get their views on your program’s
effectiveness and to identify problems. Correct the problems identified. Things to
assess include at least:
(A) Respirator fit (including the ability to use the respirator without interfering with
effective workplace performance);
(B) Users have and use the correct respirator and components for their exposure
hazards;
(C) Proper respirator use; and
(D) Proper respirator maintenance.
(13) Recordkeeping.
(a) Medical evaluation. Retain and make available all medical evaluations required by
this standard according to Division 2/Z, 1910.1020. (Division 4/A, 437-004-0005,
Medical Records Access, stipulates that Division 2/Z, 1910.1020 applies to
agricultural employers.)
(b) Fit testing.
(A) You must keep a record of qualitative and quantitative fit tests for each user
including:
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(i) The name or identification of the employee;
(ii) Type of fit test;
(iii) Specific make, model, style, and size of respirator tested;
(iv) Date of test; and
(v) The pass/fail results for QLFTs or the fit factor and strip chart recording
or other recording of the test results for QNFTs.
(B) Keep fit test records until records of a new test replace them.
(c) You must keep a written copy of your current respirator program.
(d) On request, you must make written records required by this standard, available to
the Oregon OSHA Administrator or their designee for examination or copying.
(14) Appendices. Compliance with Appendix A, Appendix B-1, Appendix B-2, Appendix C,
and Appendix D of this rule is mandatory.
(15) Effective Date. OAR 437-004-1041, Respiratory Protection, is effective March 1, 2007.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 3-2006, filed 6/7/06, effective 3/1/07.
OR-OSHA Administrative Order 10-2006, filed 11/30/06, effective 11/30/06.
OR-OSHA Administrative Order 3-2007, filed 8/13/07, effective 8/13/07.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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Appendix A to 437-004-1041, Respiratory Protection Fit Testing Procedures
(Mandatory)
Part I. Acceptable Fit Test Procedures
A. Fit Testing Procedures General Requirements. These fit test procedures are
mandatory and apply to both Qualitative Fit Tests (QLFT) and Quantitative Fit Tests
(QNFT).
(1) Provide enough respirators so the employee can choose an acceptable model that
fits correctly. Be sure they understand that they must select a respirator that gives
the best fit.
(2) Before the employee selects their respirator you must show them how to put on a
respirator, how to position it on their face, how to set the strap tension and how to
make sure the fit is acceptable. There must be a mirror for them to use when
evaluating the position and fit. This instruction does not replace the required formal
training.
(3) They must hold each face piece they choose up to their face to find the one with
the best fit.
(4) Once they choose a mask, have them wear it for at least 5 minutes to evaluate the
comfort level. Discuss the points in the following paragraph to assure the worker
makes a good evaluation. If they are not familiar with using a particular respirator,
have them put it on and take it off several times to assure they make the needed
adjustments for a good fit.
(5) Assessment of comfort must include a review of the following points with the test
subject and allowing the test subject enough time to determine the comfort of the
respirator:
(a) Position of the mask on the nose
(b) Room for eye protection
(c) Room to talk
(d) Position of mask on face and cheeks
(6) Use the following criteria to help determine the adequacy of the respirator fit:
(a) Chin properly placed;
(b) Adequate strap tension, not too tight;
(c) Fit across nose bridge;
(d) Respirator of proper size to span distance from nose to chin;
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(e) Tendency of respirator to slip;
(f) Self-observation in mirror to evaluate fit and respirator position.
(7) Have the employee do a user seal check according to Appendix B-1. Before they
do the check have them seat the mask by moving their head from side to side and
up and down slowly while taking a few deep breaths. If the test fails, have them
select another mask.
(8) Do not do the test if the employee has any hair (including beard stubble) between
the skin and sealing surface. They must alter or remove any clothing or items that
interfere with the fit.
(9) If the testing employee shows signs of difficult breathing during the test, send them
to a PLHCP to evaluate their ability to use a respirator.
(10) If the employee finds the fit unacceptable, you must allow them to select another
respirator and retest.
(11) Exercises. Before beginning the fit test, give the worker a description of the test
and advise them of their responsibilities during the test. The description must
include the exercises. They must wear the respirator for 5 minutes before the start
of the test.
(12) During the test the employee must wear any other safety equipment normally
required for their work, if it could interfere with the respirator fit.
(13) Test Exercises.
(a) Employers must perform the following test exercises for all fit testing
methods prescribed in this appendix, except for the two modified ambient
aerosol CNC quantitative fit testing protocols, the CNP quantitative fit testing
protocol, and the CNP REDON quantitative fit testing protocol. For the
modified ambient aerosol CNC quantitative fit testing protocols, employers
shall ensure that the test subjects (i.e., employees) perform the exercise
procedure specified in Part I.C.4(b) of this appendix for full-facepiece and
half-mask elastomeric respirators, or the exercise procedure specified in Part
I.C.5(b) for filtering facepiece respirators. Employers must ensure that the
test subjects (i.e., employees) perform the exercise procedure described in
Part I.C.6(b) of this appendix for the CNP quantitative fit testing protocol, or
the exercise procedure described in Part I.C.7(b) of this appendix for the
CNP REDON quantitative fit-testing protocol. For the remaining fit testing
methods, employers shall ensure that the test exercises are performed in the
appropriate test environment in the following manner:
(1) Normal breathing. In a normal standing position, without talking, the
subject must breathe normally.
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(2) Deep breathing. In a normal standing position, the subject must breathe
slowly and deeply, taking caution so as not to hyperventilate.
(3) Turning head side to side. Standing in place, the subject must slowly
turn their head from side to side between the extreme positions on each
side. The head must be held at each extreme momentarily so the
subject can inhale at each side.
(4) Moving head up and down. Standing in place, the subject must slowly
move their head up and down. Instruct the subject to inhale in the up
position (i.e., when looking toward the ceiling).
(5) Talking. The subject must talk out loud slowly and loud enough to be
heard clearly by the test conductor. The subject can read from a
prepared text such as the Rainbow Passage, count backward from 100,
or recite a memorized poem or song.
Rainbow Passage
When the sunlight strikes raindrops in the air, they act like a prism
and form a rainbow. The rainbow is a division of white light into
many beautiful colors. These take the shape of a long round arch,
with its path high above, and its two ends apparently beyond the
horizon. There is, according to legend, a boiling pot of gold at one
end. People look, but no one ever finds it. When a man looks for
something beyond reach, his friends say he is looking for the pot
of gold at the end of the rainbow.
(6) Grimace. The test subject must grimace by smiling or frowning. (This
applies only to QNFT testing; it is not for QLFT.)
(7) Bending over. The test subject must bend at the waist as if they were to
touch their toes. Substitute jogging in place for this exercise in those
test environments such as shroud type QNFT or QLFT units that do not
permit bending over at the waist.
(8) Normal breathing. Same as exercise (1).
(b) Do each test exercise for 1-minute except for the grimace exercise which is
only for 15 seconds. Ask the test subject about the comfort of the respirator
upon completion of the procedure. If there are problems, try another
respirator. Do not adjust the respirator after the fit test exercises begin. Any
adjustment voids the test.
B. Qualitative Fit Test (QLFT) Procedures
(1) General
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(a) The employer must ensure that persons administering QLFT are able to
prepare test solutions, calibrate equipment and perform tests properly,
recognize invalid tests, and ensure that test equipment works properly.
(b) The employer must ensure that QLFT equipment is clean and well
maintained so as to operate within its design parameters.
(2) Isoamyl Acetate Procedures
Note: This procedure is not appropriate to use for the fit testing of particulate respirators unless the
particulate cartridges can be replaced with organic vapor cartridges for the duration of the test.
(a) Odor Threshold Screening. Odor threshold screening, done without wearing
a respirator, is to determine if the individual tested can detect the odor of
isoamyl acetate at low levels.
(1) You’ll need three 1 liter glass jars with metal lids.
(2) Use odor-free water (e.g., distilled or spring water) at approximately 25
degrees C. (77 degrees F.) for the solutions.
(3) Make the isoamyl acetate (IAA) (also known at isopentyl acetate) stock
solution by adding 1 ml of pure IAA to 800 ml of odor-free water in a 1-
liter jar, closing the lid and shaking for 30 seconds. Make a new solution
at least weekly.
(4) Do the screening test in a room separate from the room used for actual
fit testing. Ventilate the two rooms to prevent the odor of IAA from
becoming evident in the general room air where testing takes place.
(5) Make the odor test solution in a second jar by placing 0.4 ml of the
stock solution into 500 ml of odor-free water using a clean dropper or
pipette. Shake the solution for 30 seconds and allow it to stand for 2 to
3 minutes so that the IAA concentration above the liquid may reach
equilibrium. Use this solution for only 1-day.
(6) Make a test blank in a third jar by adding 500 cc of odor-free water.
(7) Label the odor test and test blank jar lids (e.g., 1 and 2) for jar
identification. Place the labels on the lids so that they can be peeled off
periodically and switched to maintain the integrity of the test.
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(8) Type the following instruction on a card and place it on the table in front
of the two test jars (i.e., 1 and 2): “The purpose of this test is to
determine if you can smell banana oil at a low concentration. The two
bottles in front of you contain water. One of these bottles also has a
small amount of banana oil. Be sure the covers are on tight, then shake
each bottle for two seconds. Unscrew the lid of each bottle, one at a
time, and sniff at the mouth of the bottle. Indicate to the test conductor
which bottle contains banana oil.”
(9) Make the mixtures for the IAA odor detection test in an area separate
from where you do the test, in order to prevent olfactory fatigue in the
subject.
(10) If the test subject cannot correctly identify the jar containing the odor
test solution, do not do the IAA qualitative fit test.
(11) If the test subject correctly identifies the jar containing the odor test
solution, the test subject may proceed to respirator selection and fit
testing.
(b) Isoamyl Acetate Fit Test
(1) The fit test chamber must be a clear 55-gallon drum liner suspended
inverted over a 2-foot diameter frame so that the top of the chamber is
about 6 inches above the test subject’s head. If no drum liner is
available, make a similar chamber using plastic sheeting. The inside top
center of the chamber must have a small hook attached.
(2) Each respirator for the fitting and fit testing must have organic vapor
cartridges or offer protection against organic vapors.
(3) After selecting, donning, and properly adjusting a respirator, the test
subject must wear it to the fit testing room. This room must be separate
from the room used for odor threshold screening and respirator
selection, and must be well-ventilated, as by an exhaust fan or lab
hood, to prevent general room contamination.
(4) Tape a copy of the test exercises and any prepared text from which the
subject is to read to the inside of the test chamber.
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(5) Give the test subject a 6-inch by 5 inch piece of paper towel, or other
porous, absorbent, single-ply material, folded in half and wetted with
0.75 ml of pure IAA when they enter the test chamber. Have the test
subject hang the wet towel on the hook at the top of the chamber. You
may substitute an IAA test swab or ampule for the IAA wetted paper
towel if the alternative IAA source will generate an IAA test atmosphere
with a concentration equivalent to that generated by the paper towel
method.
(6) Allow 2 minutes for the IAA test concentration to stabilize before
starting the fit test exercises. This would be an appropriate time to talk
with the test subject; to explain the fit test, the importance of their
cooperation, and the purpose for the test exercises; or to demonstrate
some of the exercises.
(7) If at any time during the test, the subject detects the banana-like odor of
IAA, the test is a failure. The subject must quickly exit from the test
chamber and leave the test area to avoid olfactory fatigue.
(8) If the test fails, the subject must return to the selection room and
remove the respirator. The test subject must repeat the odor sensitivity
test, select and put on another respirator, return to the test area and
again begin the fit test procedure in (b)(1) through (7) above. The
process continues until they find a respirator that fits right. Should the
odor sensitivity test fail, the subject must wait at least a few minutes
before re-testing. Odor sensitivity will usually return by this time.
(9) If the subject passes the test, demonstrate the efficiency of the test
procedure by having the subject break the respirator face seal and take
a breath before exiting the chamber.
(10) When the test subject leaves the chamber, they must remove the
saturated towel and return it to the person conducting the test, so that
there is no significant IAA concentration build-up in the chamber during
subsequent tests. Keep the used towels in a self-sealing plastic bag to
prevent contamination of the test area.
(3) Saccharin Solution Aerosol Procedure
You must explain the entire screening and testing procedure to the test subject
before starting the screening test.
(a) Taste threshold screening. The saccharin taste threshold screening, done
without wearing a respirator, is to determine if the individual being tested can
detect the taste of saccharin.
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(1) During threshold screening as well as during fit testing, subjects must
wear an enclosure about the head and shoulders that is approximately
12 inches in diameter by 14 inches tall with at least the front portion
clear and that allows free movements of the head when wearing a
respirator. An enclosure substantially similar to the 3M hood assembly,
parts # FT 14 and # FT 15 combined, is adequate.
(2) The test enclosure must have a 3/4-inch (1.9 cm) hole in front of the
test subject’s nose and mouth area to accommodate the nebulizer
nozzle.
(3) Have the test subject put on the test enclosure. Throughout the
threshold screening test, the test subject must breathe through their
slightly open mouth with tongue extended. Tell the subject to report
when they detect a sweet taste.
(4) Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or
equivalent, the test conductor must spray the threshold check solution
into the enclosure. Direct the nozzle away from the nose and mouth of
the person. Clearly mark this nebulizer to distinguish it from the fit test
solution nebulizer.
(5) Make the threshold check solution by dissolving 0.83 gram of sodium
saccharin USP in 100 ml of warm water. You can also put 1 ml of the fit
test solution (see (b)(5) below) in 100 ml of distilled water.
(6) To produce the aerosol, firmly squeeze the nebulizer bulb so that it
collapses completely, then release and allow to fully expand.
(7) Repeat ten squeezes rapidly and then ask the test subject if they can
taste the saccharin. The test is over when the test subject reports
tasting the sweet taste during the ten squeezes. Note the taste
threshold as ten regardless of the number of squeezes actually done.
(8) If the first response is negative, do ten more squeezes rapidly and ask
the test subject if they taste the saccharin. If the test subject reports
tasting the sweet taste during the second ten squeezes, the screening
test is over. The taste threshold is twenty regardless of the number of
squeezes actually done.
(9) If the second response is negative, do ten more squeezes rapidly and
ask the test subject again if they taste the saccharin. If the test subject
reports tasting the sweet taste during the third set of ten squeezes, the
screening test is over. The taste threshold is thirty regardless of the
number of squeezes actually done.
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(10) The test conductor will take note of the number of squeezes required to
solicit a taste response.
(11) If the test subject cannot taste saccharin after 30 squeezes they may
not perform the saccharin fit test.
Note to paragraph 3.(a): If the test subject eats or drinks something sweet before the
screening test, they may be unable to taste the weak saccharin solution.
(12) If the test subject gives a taste response, ask them to take note of the
taste for reference in the fit test.
(13) Correct use of the nebulizer uses approximately 1 ml of liquid at a time
in the nebulizer body.
(14) Thoroughly rinse the nebulizer in water, shake it dry, and refill it at least
each morning and afternoon or at least every 4 hours.
(b) Saccharin solution aerosol fit test procedure.
(1) The test subject may not eat, drink (except plain water), smoke, or
chew gum for 15 minutes before the test.
(2) The fit test uses the same enclosure as in 3.(a) above.
(3) The test subject must put on the enclosure while wearing the respirator
selected in section I.A.. They must properly adjust the respirator and it
must have a particulate filter(s).
(4) Use a second DeVilbiss Model 40 Inhalation Medication Nebulizer or
equivalent to spray the fit test solution into the enclosure. Clearly mark
this nebulizer to distinguish it from the screening test solution nebulizer.
(5) Make the fit test solution by adding 83 grams of sodium saccharin to
100 ml of warm water.
(6) As before, the test subject must breathe through the slightly open
mouth with tongue extended, and report if they taste the sweet taste of
saccharin.
(7) Insert the nebulizer into the hole in the front of the enclosure and spray
an initial concentration of saccharin fit test solution into the enclosure
using the same number of squeezes (either 10, 20 or 30 squeezes)
based on the number of squeezes required to elicit a taste response as
noted during the screening test. The minimum is 10 squeezes.
(8) After generating the aerosol, tell the test subject to perform the
exercises in section I.A.13.
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(9) Replenish the aerosol concentration every 30 using one half the original
number of squeezes used initially (e.g., 5, 10 or 15).
(10) The test subject must indicate to the test conductor if at any time during
the fit test they taste saccharin. If the test subject does not report
tasting the saccharin, the test is successful.
(11) If they taste the saccharin, the fit is unsatisfactory and a failure. Try a
different respirator and repeat the entire test procedure (taste threshold
screening and fit testing).
(12) Since the nebulizer has a tendency to clog during use, the test operator
must make periodic checks of the nebulizer to ensure that it is not
clogged. If clogging is found at the end of the test session, the test is
invalid.
(4) Bitrex (Denatonium Benzoate) Solution Aerosol Qualitative Fit Test Procedure
The Bitrex (Denatonium benzoate) solution aerosol QLFT procedure uses the
published saccharin test procedure because that procedure is widely accepted.
Bitrex is a taste aversion agent used in household liquids that children should not
drink and is endorsed by the American Medical Association, the National Safety
Council, and the American Association of Poison Control Centers. Explain the
entire screening and testing procedure to the test subject before the screening
test.
(a) Taste Threshold Screening.
The Bitrex taste threshold screening, done without wearing a respirator, is to
determine if the person being tested can detect the taste of Bitrex.
(1) During threshold screening as well as during fit testing, subjects must
wear an enclosure about the head and shoulders that is approximately
12 inches (30.5 cm) in diameter by 14 inches (35.6 cm) tall. The front
portion of the enclosure must be clear from the respirator and allow free
movement of the head when a respirator is worn. An enclosure
substantially similar to the 3M hood assembly, parts # FT 14 and # FT
15 combined, is adequate.
(2) The test enclosure must have a 3/4-inch (1.9 cm) hole in front of the
test subject’s nose and mouth area to accommodate the nebulizer
nozzle.
(3) The test subject must put on the test enclosure. Throughout the
threshold screening test, the test subject must breathe through his or
her slightly open mouth with tongue extended. Tell the subject to report
when they detect a bitter taste.
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(4) Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or
equivalent, the spray the Threshold Check Solution into the enclosure.
Clearly mark this Nebulizer to distinguish it from the fit test solution
nebulizer.
(5) Make the Threshold Check Solution by adding 13.5 milligrams of Bitrex
to 100 ml of 5 percent salt (NaCl) solution in distilled water.
(6) To produce the aerosol, firmly squeeze the nebulizer bulb so that the
bulb collapses completely, and then release it and allow it to fully
expand.
(7) Repeat the initial ten squeezes rapidly and then ask the test subject if
they taste the Bitrex. If the test subject tastes the bitter taste during the
ten squeezes, the screening test is over. The taste threshold is ten
regardless of the number of squeezes actually done.
(8) If the first response is negative, repeat ten more squeezes rapidly and
ask the test subject if they taste the Bitrex. If the test subject tastes the
bitter taste during the second ten squeezes, the screening test is over.
The taste threshold is twenty regardless of the number of squeezes
actually done.
(9) If the second response is negative, do ten more squeezes rapidly and
ask the test subject if they taste the Bitrex. If the test subject tastes the
bitter taste during the third set of ten squeezes, the screening test is
over. The taste threshold is as thirty regardless of the number of
squeezes actually done.
(10) The test conductor will take note of the number of squeezes required to
solicit a taste response.
(11) If the subject does not taste the Bitrex after 30 squeezes (step 10), the
test subject cannot taste Bitrex and may not do the Bitrex fit test.
(12) If they taste the Bitrex, ask the test subject to remember the taste for
reference in the fit test.
(13) Correct use of the nebulizer is approximately 1 ml of liquid at a time in
the nebulizer body.
(14) Thoroughly rinse the nebulizer in water, shake to dry, and refill at least
each morning and afternoon or at least every 4 hours.
(b) Bitrex Solution Aerosol Fit Test Procedure.
(1) The test subject may not eat, drink (except plain water), smoke, or
chew gum for 15 minutes before the test.
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(2) The fit test uses the same enclosure as in 4.(a) above.
(3) The test subject must put on the enclosure while wearing the respirator
selected according to section I.A. They must properly adjust the
respirator and it must have any type particulate filter(s).
(4) Use a second DeVilbiss Model 40 Inhalation Medication Nebulizer or
equivalent to spray the fit test solution into the enclosure. Clearly mark
this nebulizer to distinguish it from the screening test solution nebulizer.
(5) Make the fit test solution by adding 337.5 mg of Bitrex to 200 ml of a 5
percent salt (NaCl) solution in warm water.
(6) As before, the test subject must breathe through his or her slightly open
mouth with tongue extended, and report if they taste the bitter taste of
Bitrex.
(7) Insert the nebulizer into the hole in the front of the enclosure and spray
an initial concentration of the fit test solution into the enclosure using
the same number of squeezes (either 10, 20 or 30 squeezes) based on
the number of squeezes required to elicit a taste response as noted
during the screening test.
(8) After generating the aerosol, tell the test subject to do the exercises in
section I.A.13.
(9) Replenish the aerosol concentration every 30 seconds using one half
the number of squeezes used initially (e.g., 5, 10 or 15).
(10) The test subject must indicate to the test conductor if they taste the
Bitrex during the test. If the test subject does not taste the Bitrex, the
test passes.
(11) If they taste the Bitrex, the fit is unsatisfactory and the test fails. They
must try a different respirator and repeat the entire test procedure (taste
threshold screening and fit testing).
(5) Irritant Smoke (Stannic Chloride) Procedure
This qualitative fit test uses a person’s response to the irritating chemicals
released in the “smoke” produced by a stannic chloride ventilation smoke tube to
detect leakage into the respirator.
(a) General Requirements and Precautions
(1) The test respirator must have high efficiency particulate air (HEPA) or
P100 series filter(s).
(2) Use only stannic chloride smoke tubes for this procedure.
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(3) Do not use any form of test enclosure or hood for the test subject.
(4) The smoke can be irritating to the eyes, lungs, and nasal passages.
The test conductor must take precautions to minimize the test subject’s
exposure to irritant smoke. Sensitivity varies, and certain individuals
may respond to a greater degree to irritant smoke. Use only the
smallest amount of smoke necessary to get a response when doing the
sensitivity screening checks that determine if the test subject can detect
irritant.
(5) Do the fit test in an area with adequate ventilation to prevent exposure
of the person doing the fit test or the build-up of irritant smoke in the
general area.
(b) Sensitivity Screening Check. The person taking the test must demonstrate
their ability to detect a weak concentration of the irritant smoke.
(1) The test operator must break both ends of a ventilation smoke tube
containing stannic chloride, and attach one end of the smoke tube to a
low flow air pump set to deliver 200 milliliters per minute, or an aspirator
squeeze bulb. The test operator must cover the other end of the smoke
tube with a short piece of tubing to prevent potential injury from the
jagged end of the smoke tube.
(2) The test operator must advise the test subject that the smoke can be
irritating to the eyes, lungs, and nasal passages and instruct the subject
to keep their eyes closed during the test.
(3) Allow the test subject to smell a weak concentration of the irritant
smoke before putting the respirator on to become familiar with its
irritating properties and to determine if they can detect the irritating
properties of the smoke. Carefully direct a small amount of the irritant
smoke in the test subject’s direction to determine that they can detect it.
(c) Irritant Smoke Fit Test Procedure
(1) The person fit tested must put on the respirator without assistance, and
do the required user seal check(s).
(2) Tell the test subject to keep their eyes closed.
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(3) The test operator must direct the stream of irritant smoke from the
smoke tube toward the face seal area of the test subject, using the low
flow pump or the squeeze bulb. The test operator must begin at least
12 inches from the face piece and move the smoke stream around the
whole perimeter of the mask. The operator must gradually make two
more passes around the perimeter of the mask, moving to within 6
inches of the respirator.
(4) If the test subject has no involuntary response and/or does not detect
the irritant smoke, proceed with the test exercises.
(5) The test subject must do the exercises in section I.A.13. while the
respirator seal is continually challenged by the smoke, directed around
the perimeter of the respirator at a distance of 6 inches.
(6) If the person detects the irritant smoke, the test fails. The person re-
testing must repeat the entire sensitivity check and fit test procedure.
(7) Give a second sensitivity screening check to each test subject passing
the irritant smoke test without evidence of a response (involuntary
cough, irritation), with the smoke from the same smoke tube used
during the fit test, with the respirator off, to determine if they still reacts
to the smoke. Failure to evoke a response voids the fit test.
(8) If there is a response during this second sensitivity check, then the fit
test passes.
C. Quantitative Fit Test (QNFT) Procedures. The following quantitative fit testing
procedures are acceptable: Quantitative fit testing using a non-hazardous test aerosol
(such as corn oil, polyethylene glycol 400 [PEG 400], di-2-ethyl hexyl sebacate [DEHS],
or sodium chloride) generated in a test chamber, and using instrumentation to quantify
the fit of the respirator; Quantitative fit testing using ambient aerosol as the test agent
and appropriate instrumentation (condensation nuclei counter) to quantify the respirator
fit; Quantitative fit testing using controlled negative pressure and appropriate
instrumentation to measure the volumetric leak rate of a face piece to quantify the
respirator fit.
(1) General
(a) The employer must ensure that persons administering QNFT are able to
calibrate equipment and perform tests properly, recognize invalid tests,
calculate fit factors properly and ensure that test equipment is in proper
working order.
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(b) The employer must ensure that QNFT equipment is clean, and maintained
and calibrated according to the manufacturer’s instructions so as to operate
at its design parameters.
(2) Generated Aerosol Quantitative Fit Testing Procedure
(a) Apparatus.
(1) Instrumentation. Use aerosol generation, dilution, and measurement
systems using particulates (corn oil, polyethylene glycol 400 [PEG 400],
di 2-ethyl hexyl sebacate [DEHS] or sodium chloride) as test aerosols.
(2) Test chamber. The test chamber must be large enough to permit all test
subjects to perform freely all required exercises without disturbing the
test agent concentration or the measurement apparatus. The test
chamber must effectively isolate the test agent from the outside air, yet
allow its concentration to be uniform throughout the chamber.
(3) When testing air-purifying respirators, replace the normal filter or
cartridge element with a high efficiency particulate air (HEPA) or P100
series filter supplied by the same manufacturer.
(4) The sampling instrument must make a computer record or strip chart
record of the test showing the rise and fall of the test agent
concentration with each inhale and exhale at fit factors of at least 2,000.
Integrators or computers that integrate the amount of test agent
penetration leakage into the respirator for each exercise are Ok if they
make a record of the readings.
(5) The combination of substitute air-purifying elements, test agent and test
agent concentration must not expose the test subject in excess of an
established exposure limit for the test agent at any time during the
testing process.
(6) The sampling port on the test specimen must not allow leaks around
the port (e.g., where the respirator is probed). It must always allow a
free airflow into the sampling line, and there must be no interference
with the fit or performance of the respirator. The in-mask sampling
device (probe) must draw the air sample from the breathing zone of the
test subject, midway between the nose and mouth and with the probe
extending into the face piece cavity at least 1/4-inch.
(7) The test setup must permit the person administering the test to observe
the test subject inside the chamber during the test.
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(8) The equipment generating the test atmosphere must keep the
concentration of test agent constant to within a 10 percent variation for
the duration of the test.
(9) The time lag (interval between an event and the recording of the event
on the strip chart or computer or integrator) must be minimal. There
must be a clear association between the occurrence of an event and its
recording.
(10) The sampling line tubing for the test chamber atmosphere and for the
respirator sampling port must be of equal diameter and of the same
material. The length of the two lines must be equal.
(11) The exhaust flow from the test chamber must pass through an
appropriate filter (i.e., high efficiency particulate filter) before release.
(12) When using sodium chloride aerosol, the relative humidity inside the
test chamber must not exceed 50 percent.
(13) Take into account the limitations of instrument when determining the fit
factor.
(14) Test respirators must work right. Inspect them regularly for deficiencies
such as cracks or missing valves and gaskets.
(b) Procedural Requirements.
(1) When performing the initial user seal check using a positive or negative
pressure check, crimp the sampling line closed to avoid air pressure
leakage during either of these pressure checks.
(2) The use of an abbreviated screening QLFT test is optional. Such a test
may quickly identify poor fitting respirators that passed the positive
and/or negative pressure test and reduce the amount of QNFT time.
The use of the CNC QNFT instrument in the count mode is another
optional method to obtain a quick estimate of fit and eliminate poor
fitting respirators before going on to perform a full QNFT.
(3) You must measure a reasonably stable test agent concentration in the
test chamber prior to testing. For canopy or shower curtain types of test
units, you may determine the test agent’s stability after the test subject
enters the test environment.
(4) Immediately after the subject enters the test chamber, measure the test
agent concentration inside the respirator to ensure that the peak
penetration does not exceed 5 percent for a half mask or 1 percent for a
full-face piece respirator.
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(5) You must have a stable test agent concentration before starting the
test.
(6) Do not tighten the respirator restraining straps too much for testing. The
wearer must adjust the straps without assistance to give a reasonably
comfortable fit typical of normal use. Do not adjust the after the fit test
exercises begin.
(7) Stop the test when any single peak penetration exceeds 5 percent for
half masks and 1 percent for full-face piece respirators. The test subject
must refit and retest.
(8) Calculation of fit factors.
(i) Determine the fit factor for the quantitative fit test by taking the
ratio of the average chamber concentration to the concentration
measured inside the respirator for each test exercise except the
grimace exercise.
(ii) Calculate the average test chamber concentration as the
arithmetic average of the concentration measured before and after
each test (i.e., 7 exercises) or the arithmetic average of the
concentration measured before and after each exercise or the true
average measured continuously during the respirator sample.
(iii) Use one of these methods to figure the concentration of the
challenge agent inside the respirator:
(A) Average peak penetration method means the method of
determining test agent penetration into the respirator using a
strip chart recorder, integrator, or computer. The agent
penetration is the average of the peak heights on the graph
or by computer integration, for each exercise except the
grimace exercise. Integrators or computers that calculate the
actual test agent penetration into the respirator for each
exercise meet the requirements of the average peak
penetration method.
(B) Maximum peak penetration method means the method of
determining test agent penetration in the respirator as
determined by strip chart recordings of the test. The highest
peak penetration for a given exercise is representative of
average penetration into the respirator for that exercise.
(C) Integration by calculation of the area under the individual
peak for each exercise except the grimace exercise. This
includes computerized integration.
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(D) The calculation of the overall fit factor using individual
exercise fit factors involves first converting the exercise fit
factors to penetration values, determining the average, and
then converting that result back to a fit factor. This equation
represents the procedure:










Where ff
1
, ff
2
, ff
3
, etc. are the fit factors for exercises 1, 2, 3, etc.
(9) Do not allow the test subject to wear a half mask or quarter face piece
respirator unless they have a minimum fit factor of 100, or a full face
piece respirator unless they have a minimum fit factor of 500.
(10) Replace filters used for quantitative fit testing when they cause
increased breathing resistance, or when the test agent has altered the
integrity of the filter media.
(3) Quantitative fit testing (QNFT) procedure for the ambient aerosol condensation
nuclei counter (CNC).
Ambient aerosol condensation nuclei counter (CNC) quantitative fit testing
procedure.
The ambient aerosol condensation nuclei counter (CNC) quantitative fit testing
(PortaCount®) procedure quantitatively fit tests respirators with the use of a probe.
The probed respirator is only for use with quantitative fit tests. A probed respirator
has a special sampling device, installed on the respirator, that allows the probe to
sample the air from inside the mask. A probed respirator is required for each
make, style, model, and size that the employer uses and is available from the
respirator manufacturer or distributor. The primary CNC instrument manufacturer,
TSI Incorporated, also provides probe attachments (TSI mask sampling adapters)
that permit fit testing in an employee’s own respirator. A minimum fit factor pass
level of at least 100 is necessary for a half-mask respirator (elastomeric or filtering
facepiece), and a minimum fit factor pass level of at least 500 is required for a full-
facepiece elastomeric respirator. Explain the entire screening and testing
procedure to the test subject before doing the screening test.
(a) PortaCount® Fit Test Requirements.
(1) Check the respirator to make sure the sampling probe and line are
properly attached to the face piece and that the respirator has a
particulate filter capable of preventing significant penetration by the
ambient particles used for the fit test (e.g., NIOSH 42 CFR 84 series
100, series 99, or series 95 particulate filter) per manufacturer’s
instruction.
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(2) Instruct the test employee to put on the respirator for 5 minutes before
the fit test starts. This purges the ambient particles trapped inside the
respirator and permits the wearer to make certain the respirator is
comfortable. This person must have training on how to wear the
respirator properly.
(3) Check the following conditions for the adequacy of the respirator fit:
Chin properly placed; Adequate strap tension, not overly tightened; Fit
across nose bridge; Respirator of proper size to span distance from
nose to chin; Tendency of the respirator to slip; Self-observation in a
mirror to evaluate fit and respirator position.
(4) Have the person wearing the respirator do a user seal check. If it leaks,
determine the cause. If the leak is from a poorly fitting face piece, try
another size of the same model respirator, or another model of
respirator.
(5) Follow the manufacturer’s instructions for operating the PortaCount®
and proceed with the test.
(6) Instruct the test subject to perform the exercises in section I.A.13.
(7) After the test exercises, question the test subject about the comfort of
the respirator. If it has become unacceptable, try another model
respirator.
(b) PortaCount® Test Instrument.
(1) The PortaCount® will automatically stop and calculate the overall fit
factor for the entire set of exercises. The overall fit factor is what
counts. The Pass or Fail message will indicate whether or not the test
was successful. If the test was a Pass, the fit test is over.
(2) Since the pass or fail criterion of the PortaCount® is user
programmable, the test operator must ensure that the pass or fail
criterion meet the requirements for minimum respirator performance in
this Appendix.
(3) Keep a record of the test, assuming the fit test was successful. The
record must have the test subject’s name; overall fit factor; make,
model, style, and size of respirator; and date of the test.
(4) Modified ambient aerosol condensation nuclei counter (CNC)
quantitative fit testing protocol for full-facepiece and half-mask
elastomeric respirators.
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(a) When administering this protocol to test subjects, employers shall
comply with the requirements specified in Part I.C.3 of this
Appendix (ambient aerosol condensation nuclei counter (CNC)
quantitative fit testing protocol), except they shall use the test
exercises described below in paragraph (b) of this protocol
instead of the test exercises specified in section I.C.3(a)(6) of this
Appendix.
(b) Employers shall ensure that each test subject being fit tested
using this protocol follows the exercise and duration procedures,
including the order of administration, described in Table A-1 of this
Appendix.
Table A-1 - Modified Ambient Aerosol CNC Quantitative Fit Testing Protocol for Full Facepiece
and Half-Mask Elastomeric Respirators
Exercises
1
Exercise procedure
Measurement procedure
Bending Over
The test subject shall bend at the waist, as if going
to touch his/her toes for 50 seconds and inhale 2
times at the bottom
2
.
A 20 second ambient sample,
followed by a 30 second mask
sample.
Jogging-in-
Place
The test subject shall jog in place comfortably for 30
seconds
A 30 second mask sample.
Head Side-to-
Side
The test subject shall stand in place, slowly turning
his/her head from side to side for 30 seconds and
inhale 2 times at each extreme
2
.
A 30 second mask sample.
Head Up-and-
Down
The test subject shall stand in place, slowly moving
his/her head up and down for 39 seconds and inhale
2 times at each extreme
2
.
A 30 second mask sample
followed by a 9 second ambient
sample.
1
Exercises are listed in the order in which they are to be administered.
2
It is optional for test subjects to take additional breaths at other times during this exercise.
(5) Modified ambient aerosol condensation nuclei counter (CNC)
quantitative fit testing protocol for filtering facepiece respirators.
(a) When administering this protocol to test subjects, employers shall
comply with the requirements specified in Part I.C.3 of this
Appendix (ambient aerosol condensation nuclei counter (CNC)
quantitative fit testing protocol), except they shall use the test
exercises described below in paragraph (b) of this protocol
instead of the test exercises specified in section I.C.3(a)(6) of this
Appendix.
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(b) Employers shall ensure that each test subject being fit tested
using this protocol follows the exercise and duration procedures,
including the order of administration, described in Table A2 of
this Appendix.
Table A-2 - Modified Ambient Aerosol CNC Quantitative Fit Testing Protocol for Filtering
Facepiece Respirators
Exercises
1
Exercise
procedure
Measurement
procedure
Bending
Over
The test subject shall bend at the waist, as if going to touch
his/her toes for 50 seconds and inhale 2 times at the
bottom
2
.
A 20 second ambient
sample, followed by a 30
second mask sample.
Talking
The test subject shall talk out loud slowly and loud enough
so as to be heard clearly by the test conductor for 30
seconds. He/she will either read from a prepared text such
as the Rainbow Passage, count backward from 100, or
recite a memorized poem or song.
A 30 second mask
sample.
Head Side-
to-Side
The test subject shall stand in place, slowly turning his/her
head from side to side for 30 seconds and inhale 2 times at
each extreme
2
.
A 30 second mask
sample.
Head Up-
and-Down
The test subject shall stand in place, slowly moving his/her
head up and down for 39 seconds and inhale 2 times at
each extreme
2
.
A 30 second mask
sample followed by a 9
second ambient sample.
1
Exercises are listed in the order in which they are to be administered.
2
It is optional for test subjects to take additional breaths at other times during this exercise.
(6) Controlled negative pressure (CNP) quantitative fit testing procedure.
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The CNP procedure is an alternative to aerosol fit test methods. The
CNP fit test method technology is based on exhausting air from a
temporarily sealed respirator face piece to generate and then maintain
a constant negative pressure inside the face piece. The rate of air
exhaust is controlled so that there is a constant negative pressure in the
respirator during the fit test. The level of pressure is selected to
replicate the mean inhalation pressure that causes leakage into the
respirator under normal use conditions. With pressure held constant,
airflow out of the respirator is equal to air flow into the respirator.
Therefore, measurement of the exhaust stream required to hold the
pressure in the temporarily sealed respirator constant yields a direct
measure of leakage airflow into the respirator. The CNP fit test method
measures leak rates through the face piece as a method for
determining the face piece fit for negative pressure respirators. The
CNP instrument manufacturer Occupational Health Dynamics of
Birmingham, Alabama also provides attachments (sampling manifolds)
that replace the filter cartridges to permit fit testing in an employee’s
own respirator. To perform the test, the test subject closes his or her
mouth and holds their breath, after which an air pump removes air from
the respirator face piece at a pre-selected constant pressure. The face
piece fit is expressed as the leak rate through the face piece, in
milliliters per minute. The quality and validity of the CNP fit tests are
determined by the degree to which the in-mask pressure tracks the test
pressure during the system measurement time of approximately five
seconds. Instantaneous feedback in the form of a real-time pressure
trace of the in-mask pressure is provided and used to determine test
validity and quality. A minimum fit factor pass level of 100 is necessary
for a half-mask respirator and a minimum fit factor of at least 500 is
required for a full-face piece respirator. Explain the entire screening and
testing procedure to the test subject before doing the screening test.
(a) CNP Fit Test Requirements.
(1) The instrument must have a nonadjustable test pressure of 15.0 mm
water pressure.
(2) The CNP system defaults selected for test pressure must be set at 15
mm of water (-0.58 inches of water) and the modeled inhalation flow
rate must be 53.8 liters per minute for performing fit tests.
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Note: CNP systems have built-in capability to conduct fit testing that is specific to
unique work rate, mask, and gender situations that might apply in a specific
workplace. Use of system default values, which were selected to represent
respirator wear with medium cartridge resistance at a low-moderate work rate, will
allow inter-test comparison of the respirator fit.
(3) The individual who conducts the CNP fit testing must have adequate
training to lead the test.
(4) Replace the respirator filter or cartridge with the CNP test manifold.
Temporarily remove or prop open the inhalation valve downstream from
the manifold.
(5) Train the test subject to hold his or her breath for at least 20 seconds.
(6) The test subject must put on the test respirator without any assistance.
The respirator must not be adjusted once the fit-test exercises begin.
Any adjustment voids the test, and the test subject must repeat the fit-
test.
(7) Follow the QNFT procedure according to section I.C.1. with an
exception for the CNP test exercises.
(b) CNP Test Exercises.
(1) Normal breathing. In a normal standing position, without talking, the
subject must breathe normally for 1-minute. After the normal breathing
exercise, the subject needs to hold their head straight ahead and hold
their breath for 10 seconds during the test measurement.
(2) Deep breathing. In a normal standing position, the subject must breathe
slowly and deeply for 1-minute, being careful not to hyperventilate. After
the deep breathing exercise, the subject must hold their head straight
ahead and hold their breath for 10 seconds during test measurement.
(3) Turning head side to side. Standing in place, the subject must slowly
turn their head from side to side between the extreme positions on each
side for 1 minute. The head must be held at each extreme momentarily
so the subject can inhale at each side. After the turning head side to
side exercise, the subject needs to hold their head full left and hold his
or her breath for 10 seconds during test measurement. Next, the
subject needs to hold their head full right and hold his or her breath for
10 seconds during test measurement.
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(4) Moving head up and down. Standing in place, the subject must slowly
move their head up and down for 1-minute. Instruct the subject to inhale
in the up position (i.e., when looking toward the ceiling). After the
moving head up and down exercise, the subject must hold their head
full up and hold his or her breath for 10 seconds during test
measurement. Next, the subject must hold their head full down and hold
his or her breath for 10 seconds during test measurement.
(5) Talking. The subject must talk out loud slowly and loud enough to be
heard clearly by the test conductor. The subject can read from a
prepared text like the Rainbow Passage, count backward from 100, or
recite a memorized poem or song for 1-minute. After the talking
exercise, the subject must hold their head straight ahead and hold their
breath for 10 seconds during the test measurement.
(6) Grimace. The test subject must grimace by smiling or frowning for 15
seconds.
(7) Bending Over. The test subject must bend at the waist as if they were
to touch their toes for 1-minute. Substitute jogging in place for this
exercise in those test environments such as shroud-type QNFT units
that prohibit bending at the waist. After the bending over exercise, the
subject must hold their head straight ahead and hold their breath for 10
seconds during the test measurement.
(8) Normal Breathing. The test subject must remove and re-don the
respirator within a 1-minute period. Then, in a normal standing position,
without talking, the subject must breathe normally for 1-minute. After
the normal breathing exercise, the subject must hold their head straight
ahead and hold their breath for 10 seconds during the test
measurement. After the test exercises, question the test about the
comfort of the respirator after completion of the test. If it is
unacceptable, try another model of respirator.
(c) CNP Test Instrument.
(1) The test instrument must have an effective audio warning device when
the test subject fails to hold their breath during the test. Stop the test
when the test subject fails to hold their breath. Refit and retest the test
subject.
(2) Keep a record of the test, assuming the fit test was successful. The
record must have the test subject’s name; overall fit factor; make,
model, style and size of respirator; and date of the test.
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(7) Controlled negative pressure (CNP) REDON quantitative fit testing
protocol.
(a) When administering this protocol to test subjects, employers must
comply with the requirements specified in paragraphs (a) and (c)
of Part I.C.6 of this Appendix (“Controlled negative pressure
(CNP) quantitative fit testing protocol”), as well as use the test
exercises described below in paragraph (b) of this protocol
instead of the test exercises specified in paragraph (b) of Part
I.C.6 of this Appendix.
(b) Employers must ensure that each test subject being fit tested
using this protocol follows the exercise and measurement
procedures, including the order of administration, described below
in Table A-3 of this Appendix.
Table A-3 - CNP REDON Quantitative Fit Testing Protocol
Exercises
1
Exercise procedure
Measurement procedure
Facing
Forward
Stand and breathe normally, without talking, for 30
seconds.
Face forward, while holding breath
for 10 seconds.
Bending
Over
Bend at the waist, as if going to touch his or her
toes, for 30 seconds.
Face parallel to the floor, while
holding breath for 10 seconds
Head
Shaking
For about three seconds, shake head back and
forth vigorously several times while shouting.
Face forward, while holding breath
for 10 seconds.
Redon-1
Remove the respirator mask, loosen all facepiece
straps, and then redon the respirator mask.
Face forward, while holding breath
for 10 seconds.
Redon-2
Remove the respirator mask, loosen all facepiece
straps, and then redon the respirator mask again.
Face forward, while holding breath
for 10 seconds.
1
Exercises are listed in the order in which they are to be administered.
(c) After completing the test exercises, the test administrator must
question each test subject regarding the comfort of the respirator.
When a test subject states that the respirator is unacceptable, the
employer must ensure that the test administrator repeats the
protocol using another respirator model.
(d) Employers must determine the overall fit factor for each test
subject by calculating the harmonic mean of the fit testing
exercises as follows:
Overall fit factor = 1
[1/FF
1
+ 1/FF
2
+ … 1/FF
N
]
Where:
N = The number of exercises;
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FF
1
= The fit factor for the first exercise;
FF
2
= The fit factor for the second exercise; and
FF
n
= The fit factor for the nth exercise.
Part II. New Fit Test Procedures
Oregon OSHA will accept any new procedures that OSHA accepts. For more information of
submitting new procedures for acceptance or other information about this subject, read the
federal rules.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 3-2006, filed 6/7/06, effective 3/1/07.
OR-OSHA Administrative Order 3-2007, filed 8/13/07, effective 8/13/07.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
OR-OSHA Administrative Order 1-2020, filed 2/13/20, effective 2/13/20.
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Appendix B-1 to 437-004-1041, Respiratory Protection User Seal Check
Procedures (Mandatory)
The user of a tight-fitting respirator must do a seal check every time they put on the
respirator. They must use one of the two methods below or the manufacturer’s recommended
method. (These tests do not substitute for qualitative or quantitative fit tests.)
(I) Face piece Positive and/or Negative Pressure Checks
(A) Positive pressure check. Close off the exhalation valve and exhale gently into the
face piece. The face fit is satisfactory if a slight positive pressure can be built up
inside the face piece without any evidence of outward leakage of air at the seal.
For most respirators this method of leak testing requires the wearer to first remove
the exhalation valve cover before closing off the exhalation valve and then
carefully replacing it after the test.
(B) Negative pressure check. Close off the inlet opening of the canister or cartridge(s)
by covering with the palm of the hand(s) or by replacing the filter seal(s), inhale
gently so that the face piece collapses slightly, and hold the breath for ten
seconds. The design of the inlet opening of some cartridges cannot be effectively
covered with the palm of the hand. The test can be performed by covering the inlet
opening of the cartridge with a thin latex or nitrile glove. If the face piece remains
in its slightly collapsed condition and there is no sign of inward leakage of air, the
tightness of the respirator is satisfactory.
(II) Manufacturer’s Recommended User Seal Check Procedures. You may use the
respirator manufacturer’s recommended procedures for performing a user seal check
instead of the positive and/or negative pressure check procedures if you can
demonstrate that the manufacturer’s procedures are equally effective.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 3-2006, filed 6/7/06, effective 3/1/07.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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Appendix B-2 to 437-004-1041, Respiratory Protection Respirator Cleaning
Procedures (Mandatory)
These are general procedures for cleaning respirators. You may also use the manufacturer’s
recommendations if they meet the objectives of these procedures to prevent harm to the user
and/or damage to the respirator.
I. Procedures for Cleaning Respirators
(A) Remove filters, cartridges, or canisters. Disassemble face pieces by removing
speaking diaphragms, demand and pressure-demand valve assemblies, hoses, or
any components recommended by the manufacturer. Discard or repair any
defective parts.
(B) Wash components in warm (43 degrees C. [110 degrees F.] maximum) water with
a mild detergent or with a cleaner recommended by the manufacturer. A stiff
bristle (not wire) brush may be used to facilitate the removal of dirt.
(C) Rinse components thoroughly in clean, warm (43 degrees C. [110 degrees F.]
maximum), preferably running water. Drain.
(1) When the cleaner does not contain a disinfecting agent, immerse respirator
components for 2 minutes in one of the following:
(2) Hypochlorite solution (50 ppm of chlorine) of approximately one-milliliter of
laundry bleach and one liter of water at 43 degrees C. (110 degrees F.); or,
(3) Aqueous solution of iodine (50 ppm iodine) of approximately 0.8 milliliters of
tincture of iodine (6-8 grams ammonium and/or potassium iodide/100 cc of
45 percent alcohol) to one liter of water at 43 degrees C. (110 degrees F.);
or,
(D) Other commercially available cleansers of equivalent disinfectant quality, if the
respirator manufacturer recommends their use.
(E) Rinse components thoroughly in clean, warm (43 degrees C. [110 degrees F.]
maximum), preferably running water. Drain. Thorough rinsing is extremely
important. Detergents or disinfectants that dry on face pieces may cause
dermatitis. In addition, some disinfectants may cause deterioration of rubber or
corrosion of metal parts if not completely removed.
(F) Components should be hand-dried with a clean lint-free cloth or air-dried.
(G) Reassemble face piece, replacing filters, cartridges, and canisters where
necessary.
(H) Test the respirator to ensure that all components work properly.
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Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 3-2006, filed 6/7/06, effective 3/1/07.
OR-OSHA Administrative Order 3-2007, filed 8/13/07, effective 8/13/07.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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Appendix C to 437-004-1041, Respiratory Protection
Respirator Medical Evaluation Questionnaire (Mandatory)
EMPLOYEE: Your employer must allow you to answer this questionnaire during normal
working hours, or at a time and place that is convenient to you. To maintain your
confidentiality, your employer or supervisor must not look at or review your answers. Your
employer must tell you how to send or deliver this questionnaire to the health care
professional who will review it.
Part A. Section 1. Every employee selected to use any type of respirator must provide
the following information (please print).
Date: ____________________
Name: __________________________________ Job Title: _________________________
Age: ______ Sex: M / F Height: _______ Weight: _______
Phone #: ( )_______-___________
A phone number where the health care professional can reach you (include the Area Code):
( )________-_____________
The best time to phone you at this number: __________________
Has your employer told you how to contact the health care professional who
will review this questionnaire (circle one)? Yes / No
Check the type of respirator you will use (you can check more than one category):
a. ____ N, R, or P disposable respirator (filter-mask, non-cartridge type only).
b. ____ Other type (for example, half or full-face type, powered-air purifying,
supplied-air, self-contained breathing apparatus).
Have you worn a respirator (circle one)? Yes / No
If “yes”, what type(s): ___________________________________________________
Part A. Section 2. Every employee selected to use any type of respirator must answer
questions 1 through 9 below (please circle “yes” or “no”).
1. Do you currently smoke tobacco, or have you smoked tobacco in
the last month? Yes / No
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2. Have you ever had any of the following conditions?
a. Seizures (fits) Yes / No
b. Diabetes (sugar disease) Yes / No
c. Allergic reactions that interfere with your breathing Yes / No
d. Claustrophobia (fear of closed-in places) Yes / No
e. Trouble smelling odors Yes / No
3. Have you ever had any of the following pulmonary or lung problems?
a. Asbestosis Yes / No
b. Silicosis Yes / No
c. Asthma Yes / No
d. Pneumothorax (collapsed lung) Yes / No
e. Chronic bronchitis Yes / No
f. Lung cancer Yes / No
g. Emphysema Yes / No
h. Broken ribs Yes / No
i. Pneumonia Yes / No
j. Any chest injuries or surgeries Yes / No
k. Tuberculosis Yes / No
l. Any other lung problem that you have been told about Yes / No
4. Do you currently have any of the following symptoms of pulmonary or lung illness?
a. Shortness of breath Yes / No
b. Shortness of breath when walking fast on level ground or walking
up a slight hill or incline Yes / No
c. Shortness of breath when walking with other people at an ordinary
pace on level ground Yes / No
d. Have to stop for breath when walking at your own pace on level
ground Yes / No
e. Shortness of breath when washing or dressing yourself Yes / No
f. Shortness of breath that interferes with your job Yes / No
g. Coughing that produces phlegm (thick sputum) Yes / No
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h. Coughing that wakes you early in the morning Yes / No
i. Coughing that occurs mostly when you are lying down Yes / No
j. Coughing up blood in the last month Yes / No
k. Wheezing Yes / No
l. Wheezing that interferes with your job Yes / No
m. Chest pain when you breathe deeply Yes / No
n. Any other symptoms that you think may be related to
lung problems Yes / No
5. Have you ever had any of the following cardiovascular or heart problems?
a. Heart attack Yes / No
b. Stroke Yes / No
c. Angina Yes / No
d. Heart failure Yes / No
e. Swelling in your legs or feet (not caused by walking) Yes / No
f. Heart arrhythmia (heart beating irregularly) Yes / No
g. High blood pressure Yes / No
h. Any other heart problems that you have been told about Yes / No
6. Have you ever had any of the following cardiovascular or heart symptoms?
a. Frequent pain or tightness in your chest Yes / No
b. Pain or tightness in your chest during physical activity Yes / No
c. Pain or tightness in your chest that interferes with your job Yes / No
d. In the past 2 years, have you noticed your heart skipping or
missing a beat Yes / No
e. Heartburn or indigestion that is not related to eating Yes / No
f. Any other symptoms that you think may be related to heart
or circulation problems Yes / No
7. Do you currently take medication for any of the following problems?
a. Breathing or lung problems Yes / No
b. Heart trouble Yes / No
c. Blood pressure Yes / No
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d. Seizures (fits) Yes / No
8. If you have used a respirator, have you ever had any of the following problems?
(If you have never used a respirator continue to question 9)
a. Eye irritation Yes / No
b. Skin allergies or rashes Yes / No
c. Anxiety Yes / No
d. General weakness or fatigue Yes / No
e. Any other problem that interferes with your use of a respirator Yes / No
9. Would you like to discuss your answers with the health care professional
who will review this questionnaire? Yes / No
Employees who will use either a full-face respirator OR a self-contained breathing
apparatus (SCBA) MUST answer Questions 10 through 15:
10. Have you ever lost vision in either eye temporarily or permanently? Yes / No
11. Do you currently have any of the following vision problems?
a. Wear contact lenses Yes / No
b. Wear glasses Yes / No
c. Color blind Yes / No
d. Any other eye or vision problem Yes / No
12. Have you ever had an injury to your ears, including a broken ear drum? Yes / No
13. Do you currently have any of the following hearing problems?
a. Difficulty hearing Yes / No
b. Wear a hearing aid Yes / No
c. Any other hearing or ear problem Yes / No
14. Have you ever had a back injury? Yes / No
15. Do you currently have any of the following musculoskeletal problems?
a. Weakness in any of your arms, hands, legs, or feet Yes / No
b. Back pain Yes / No
c. Difficulty fully moving your arms and legs Yes / No
d. Pain or stiffness when you lean forward or backward at the waist Yes / No
e. Difficulty fully moving your head up or down Yes / No
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f. Difficulty fully moving your head side to side Yes / No
g. Difficulty bending at your knees Yes / No
h. Difficulty squatting to the ground Yes / No
i. Climbing a flight of stairs or a ladder carrying more than 25 pounds Yes / No
j. Any other muscle or skeletal problem that interferes with
using a respirator Yes / No
Part B. Section 1. The health care professional who will review this questionnaire may
at their discretion add these questions and any other questions pertinent to this
evaluation.
1. In your present job are you working at high altitudes (over 5,000 feet)
or in a place that has lower than normal amounts of oxygen? Yes / No
If “Yes,” do you have feelings of dizziness, shortness of breath,
pounding in your chest, or other symptoms when you are working
under these condition? Yes / No
2. At work or at home, have you ever been exposed to hazardous
solvents, hazardous airborne chemicals (e.g., gases, fumes, or dust),
or have you come into skin contact with hazardous chemicals? Yes / No
If “Yes,” name the chemicals if you know them: ______________________________
____________________________________________________________________
3. Have you ever worked with any of the materials, or under any of the conditions listed
below:
a. Asbestos Yes / No
b. Coal (for example, mining) Yes / No
c. Silica (e.g., sandblasting) Yes / No
d. Iron Yes / No
e. Tungsten/cobalt (grinding or welding this material) Yes / No
f. Tin Yes / No
g. Dusty environments Yes / No
h. Beryllium Yes / No
i. Any other hazardous exposures Yes / No
j. Aluminum Yes / No
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If “Yes,” describe these exposures: _______________________________________
_______________________________________________________________
_______________________________________________________________
4. List any second jobs or side businesses you have: ___________________________
___________________________________________________________________
5. List your previous occupations: __________________________________________
___________________________________________________________________
6. List your current and previous hobbies: ____________________________________
___________________________________________________________________
7. Were you ever in the military services? Yes / No
If “yes” were you exposed to biological or chemical agents
(either in training or combat)? Yes / No
8. Have you ever worked on a HAZMAT team? Yes / No
9. Other than medications for breathing and lung problems, heart trouble,
blood pressure, and seizures mentioned earlier in this questionnaire,
are you taking any other medications for any reason (including
over-the-counter medications)? Yes / No
If “Yes,” name the medications if you know them: ____________________________
___________________________________________________________________
Notes:
Part B. Section 2. The EMPLOYER must provide this supplemental information to the
health care professional (PLHCP) who will review the employee’s medical
questionnaire:
Employee’s Name: ________________________________________________________
Employee’s Job Title/Classification: ___________________________________________
1. What type of respirator will this employee use?
Check the type(s) below (you can check more than one category):
____ N-, R-, or P- filtering facepiece (disposable, “dust mask” type)
____ Tight-fitting, air-purifying half-mask,
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____ Tight-fitting full-face mask
____ Air-purifying type ____ Supplied air type
____ Powered-air purifying respirator (PAPR)
____ Tight-fitting, full face mask ____ Loose-fitting helmet or hood
____ Self-Contained Breathing Apparatus (SCBA)
____ Escape (gas mask)
2. What is the approximate weight of the respirator and any tanks or air hoses? _______
____________________________________________________________________
3. Will the employee use any of the following items with these respirator(s)?
a. HEPA filters Yes / No
b. Canisters (gas masks) Yes / No
c. Cartridges (air-purifying) Yes / No
4. How often will the employee use the respirator(s)? (circle “yes” or “no” for all answers
that apply)
a. Escape only (no rescue duties) Yes / No
b. Less than 2 hrs. per day Yes / No
c. Emergency rescue only Yes / No
d. 2 to 4 hrs. per day Yes / No
e. Less than 5 hrs. per week Yes / No
f. over 4 hrs. per day Yes / No
5. When the employee uses the respirator(s), is their work effort:
a. Light (less than 200 kcal per hour) Yes / No
If “yes” how long does this period last during the average shift:
hrs. _____ mins. ______
Examples of light work effort are sitting while writing, typing, drafting, or performing light
assembly work; or standing while controlling machines.
b. Moderate (200 to 350 kcal per hour): Yes / No
If “yes” how long does this period last during the average shift:
hrs. _____ mins. ______
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Examples of moderate work effort are sitting while nailing or filing: driving a truck,
drilling, nailing performing assembly work, or transferring a moderate load (about 35
pounds) at trunk level; walking on a level surface about 2 mph or down a 5 degree grade
about 3 mph; or pushing a wheelbarrow with a heavy load (about 100 pounds) on a level
surface. (NOTE: A gallon of water weighs about 8 lbs.; so, a full, 3-gallon, backpack
sprayer weights about 25 lbs.)
c. Heavy (above 350 kcal per hour): Yes / No
If “yes” how long does this period last during the average shift?
hrs. ______ mins. _______
Examples of heavy work are lifting a heavy load (about 50 pounds) from the floor to your
waist or shoulder; working on a loading dock; shoveling; standing while bricklaying or
chipping castings; walking up an 8 degree grade about 2 mph, climbing stairs with a
heavy load (about 50 pounds).
6. Will the employee wear protective clothing and/or equipment
(other than the respirator) when using their respirator? Yes / No
If “yes,” describe this protective clothing and/or equipment: _____________________
___________________________________________________________________
7. Will they be working in hot conditions
(temperature more than 77 degrees F)? Yes / No
8. Will they be working in humid conditions? Yes / No
9. Describe the work they will be doing while using their respirator(s): ______________
___________________________________________________________________
10. Describe any special or hazardous conditions they might encounter when using a
respiratory protection (for example, confined spaces, oxygen-deficient atmospheres, life
threatening gases):____________________________________________________
___________________________________________________________________
11. Provide the following information, if you know it, for each toxic substance that they will
be exposed to when using their respirator(s):
Name of the first toxic substance: _________________________________________
Estimated maximum exposure level per shift: _______________________________
Duration of exposure per shift: ___________________________________________
Name of the second toxic substance: _____________________________________
Estimated maximum exposure level per shift: _______________________________
Duration of exposure per shift: ___________________________________________
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Name of the third toxic substance: ________________________________________
Estimated maximum exposure level per shift: ________________________________
Duration of exposure per shift: ___________________________________________
Name of any other toxic substances that they will be exposed to while using a respirator:
____________________________________________________________________
12. Describe any special responsibilities they will have while using their respirator(s) that
may affect the safety and well-being of others (i.e., rescue, security): ______________
____________________________________________________________________
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 3-2006, filed 6/7/06, effective 3/1/07.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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Apéndice C de OAR 437-004-1041, Protección de la Respiración
CUESTIONARIO PARA EVALUACION MEDICA RESPIRATORIA (OBLIGATORIO)
TRABAJADOR: Su empleador debe permitirle contestar estas preguntas durante horas
normales de trabajo o durante un tiempo y lugar que le sea conveniente a usted. Para
mantener su confidencialidad, su empleador o supervisor no debe ver o revisar sus
respuestas. Su empleador deberá decirle como enviar o entregar este cuestionario al
profesional de cuidado de la salud que lo revisará.
Parte A. Sección 1 - Cada trabajador elegido para usar cualquier tipo de respirador
debe proporcionar la siguiente información (use letra de molde).
Fecha: ______________
Nombre: _______________________ Ocupación, título o tipo de trabajo: ____________
Edad: ______ Género: M / F Estatura: ______ Peso: ______
Número de Teléfono: ( ) -
Dé un número de teléfono donde el profesional de salud que revisará este cuestionario
pueda comunicarse con usted (incluya el Código de Área) __________________________
La mejor hora de hablarle ha este teléfono: _____________________________________
¿Su patrón le explicó como comunicarse con el profesional de salud que
revisará este cuestionario? (circule uno) Sí / No
Marque el tipo de respirador que usará (puede marcar más de una categoría):
a. ____ N, R, o P respirador desechable (máscara de filtro solamente sin cartucho).
b. ____ Otro tipo (por ejemplo, máscara de media cara o cara completa, purificadores
motorizados, de suministro de aire, equipo autónomo de respiración).
¿Ha usado usted un respirador antes? (circule uno) _____________________ Sí / No
Si “afirmativo”, ¿qué tipo(s)?: ____________________________________________
Parte A. Sección 2 - Cualquier trabajador elegido ha usar cualquier tipo de respirador
debe contestar las preguntas del 1 al 9 (circule sí o no).
1. Do you currently smoke tobacco, or have you smoked tobacco
in the last month? Yes / No
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2. ¿Ha padecido usted de lo siguiente?
a. Convulsiones Si / No
b. Diabetes (azúcar en la sangre) Si / No
c. Reacciones alérgicas que interfieren con su respiración Si / No
d. Claustrofobia (temor a espacios cerrados) Si / No
e. Problemas del olfato Si / No
3. ¿Ha padecido en cualquier tiempo usted de los siguientes problemas pulmonares?
a. Asbestosis Si / No
b. Silicosis Si / No
c. Asma Si / No
d. Neumotorax (desinfle del pulmón) Si / No
e. Bronquitis crónica Si / No
f. Cáncer del pulmón Si / No
g. Enfisema Si / No
h. Fracturas de las costillas Si / No
i. Neumonía Si / No
j. Cualquier lesión o cirugía del pecho Si / No
k. Tuberculosis Si / No
l. Cualquier otro problema del pulmón del cual se le ha informado Si / No
4. ¿Actualmente tiene usted alguno de los siguientes síntomas pulmonares o
enfermedades del pulmón?
a. Falta de aire Si / No
b. Falta de aire cuando camina rápido sobre una superficie plana o una
cuesta leve o una inclinación Si / No
c. Falta de aire cuando camina con otras personas a un ritmo normal
sobre una superficie plana Si / No
d. Tener que detenerse a coger aire cuando camina a su propio paso
sobre superficie plana Sí / No
e. Falta de aire cuando usted se lava o se viste Sí / No
f. Falta de aire que interfiere con su trabajo Sí / No
g. Tos que produce flema espesa Sí / No
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h. Tos que lo despierta temprano por la mañana Sí / No
i. Tos que se pasa más cuando esta acostado Sí / No
j. Tos con sangre (durante el último mes) Sí / No
k. Respiración jadeante Sí / No
l. Respiración jadeante, que interfiere con su trabajo Sí / No
m. Dolor en el pecho cuando respira profundamente Sí / No
n. Cualquier otro síntoma que usted cree que puede estar
relacionado con problemas del pulmón Sí / No
5. ¿Ha padecido en cualquier tiempo alguno de los siguientes problemas cardiovasculares
o del corazón?
a. Ataque al corazón Sí / No
b. Derrame cerebral o Embolia Sí / No
c. Angina Sí / No
d. Falla del corazón Sí / No
e. Hinchazón de las piernas o pies (no causado por el andar) Sí / No
f. Arritmias del corazón (palpitación irregular) Sí / No
g. Presión alta de la sangre Sí / No
h. Otros problemas del corazón del cual se le ha informado Sí / No
6. ¿Ha padecido cualquier tiempo los siguientes síntomas cardiovasculares o del
corazón?
a. Dolor o presión frecuente del pecho Sí / No
b. Dolor o presión en el pecho durante actividad física Sí / No
c. Dolor o presión en el pecho que interfiere con su trabajo Sí / No
d. En los últimos dos años ha notado que le salta o le falta un latido
al corazón Sí / No
e. Agrura o indigestión, no ocasionada por la comida Sí / No
f. Otros síntomas los cuales usted cree están relacionados a
problemas del corazón o la circulación Sí / No
7. ¿ Actualmente toma usted medicamentos para algunos de los siguientes problemas?
a. Problemas de la respiración o de los pulmones Sí / No
b. Problemas del corazón Sí / No
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c. Presión Sí / No
d. Convulsiones Sí / No
8. Si usted ha usado un respirador,
¿ha tenido en alguna ocasión alguno de los siguientes problemas? Sí / No
(Si nunca ha usado un respirador por favor salte a la pregunta 9).
9. Quiere hablar de sus respuestas con el profesional de salud que
revisará su cuestionario? Sí / No
Trabajadores que usarán un respirador de cara completa O Equipo Autónomo de
Respiración (SCBA) DEBERÁN contestar las preguntas del 10 al 15:
10. ¿Ha perdido la visión temporalmente o permanentemente en uno
o ambos ojos? Sí / No
11. ¿Actualmente tiene alguno de los siguientes problemas de la vista?
a. Usa lentes de contacto Sí / No
b. Usa anteojos Sí / No
c. Dificultad para distinguir los colores Sí / No
d. Otros problemas con los ojos o la visón Sí / No
12. ¿Ha tenido cualquier tiempo una lesión en los oídos, incluyendo daño
al tímpano? Si / No
13. ¿ Actualmente tiene alguno de los siguientes problemas con los oídos?
a. Dificultad al oír Sí / No
b. Usa prótesis en el oído Sí / No
c. Cualquier otro problema con la audición o el oído Sí / No
14. ¿ Se ha lesionado la espalda? Si / No
15. ¿ Actualmente tiene alguno de los siguientes problemas músculo esqueléticos?
a. Debilidad en cualquiera de los brazos, manos, piernas, o pies Sí / No
b. Dolor de la espalda Sí / No
c. Dificultad para mover completamente los brazos y piernas Sí / No
d. Dolor o entumecimiento al inclinarse hacia delante o atrás
desde la cintura Sí / No
e. Dificultad en mover la cabeza completamente hacia arriba o abajo Sí / No
f. Dificultad en mover la cabeza completamente de un lado a otro Sí / No
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g. Dificultad en doblar las rodillas Sí / No
h. Dificultad en ponerse de cuclillas Sí / No
i. Subiendo escalones o una escalera cargando más de 25 libras Sí / No
j. Cualquier otro problema del esqueleto o de los músculos que
pueda interferir con usar un respirador Sí / No
Parte B. Sección 1 - El profesional de la salud que revisará este cuestionario puede
añadir a su discreción las siguientes preguntas y cualquier otra pregunta no listada.
1. ¿En su presente trabajo, trabaja en alturas elevadas (a más de 5,000
pies) o en lugares con niveles de oxigeno más bajas de lo normal? Sí / No
¿Si “afirmativo”, tiene mareos, falta de aire, presión en el pecho, u otros
síntomas cuando está trabajando bajo estas condiciones? Sí / No
2. ¿En el trabajo o su casa, ha sido usted expuesto a solventes peligrosos,
químicos peligrosos transportados por el aire, (gases, humos, o polvos),
o haentrado su piel en contacto con químicos peligrosos? Si / No
Si es afirmativo, nombre del (los) químico(s): ________________________________
____________________________________________________________________
3. ¿Ha trabajado usted con los siguientes materiales, o bajo alguna de las siguientes
condiciones?
a. Asbesto Sí / No
b. Carbón (por ejemplo, en minas) Sí / No
c. Sílice (por ejemplo con chorro de arena) / No
d. Hierro Sí / No
e. Tungsteno/cobalto (limando o soldando este material) Sí / No
f. Estaño Sí / No
g. Ambientes polvorosos Sí / No
h. Berilio Sí / No
i. Cualquier otras exposiciones peligrosas Sí / No
j. Aluminio Sí / No
Si es afirmativo, describa la(s) exposición(es): _______________________________
____________________________________________________________________
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4. Liste segundos trabajos o negocios paralelos que usted tiene: __________________
___________________________________________________________________
5. Liste sus ocupaciones anteriores: ________________________________________
___________________________________________________________________
6. Liste pasatiempos presentes y pasados: ___________________________________
___________________________________________________________________
7. ¿Estuvo en el servicio militar? Si / No
Si “afirmativo”, ¿estuvo expuesto a agentes biológicos o químicos
(durante entrenamiento o combate)? Si / No
8. ¿ Ha trabajado en un equipo de limpieza de materiales peligrosos
(HAZMAT)? Si / No
9. ¿Fuera de medicinas para la respiración, los pulmones, problemas
del corazón, presión, y convulsiones mencionadas anteriormente en
este cuestionario, está usted tomando otras medicinas por cualquier
razón (incluyendo medicinas sin receta médica)? Sí / No
Si “afirmativo”, nombre las medicinas: _____________________________________
___________________________________________________________________
Apuntes:
Parte B. Sección 2. El EMPLEADOR deberá proporcionar esta información
suplementaria al profesional de cuidado de la salud (PLHCP) que revisará el
cuestionario médico del trabajador:
Nombre del Trabajador: ____________________________________________________
Posición del Trabajador: ___________________________________________________
1. ¿Qué tipo de respirador usará este trabajador?
Marque el (los) tipo(s) que siguen (puede marcar más de una categoría):
____ N-, R-, o P- máscara filtrante (desechable, tipo “máscara de polvo”).
____ De ajuste apretado de purificación de media cara
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____ De ajuste apretado de cara completa
____ De tipo de purificación de aire ____ De tipo de línea
____ Respirador purificador de aire motorizado (PAPR)
____ De ajuste apretado, de cara completa ____ De ajuste apretado de casco o
capucha
____ Equipo Autónomo de Respiración (SCBA)
____ Escape (máscara de gas)
2. ¿Cuál es el peso aproximado del respirador, y cualquier tanque o mangueras? _____
____________________________________________________________________
3. ¿El trabajador va a utilizar alguno de los siguientes artículos con su(s) respirador(es)?
a. Filtros HEPA Sí / No
b. Cánisters (máscaras para gas) Sí / No
c. Cartuchos (purificación de aire) Sí / No
4 ¿Con que frecuencia usará el trabajador el respirador?
(circule sí o no a toda las preguntas que apliquen)
a. Solamente para escape (sin deberes de rescate) Sí / No
b. Menos de 2 horas por día Sí / No
c. Rescate de emergencia solamente Sí / No
d. 2 a 4 horas por día Sí / No
e. Menos de 5 horas por semana Sí / No
f. Más de 4 horas por día Sí / No
5. ¿Durante el período que el trabajador usa el respirador, el esfuerzo de trabajo es?
a. Liviano (menos de 200 Kcal por hora) Sí / No
Ejemplos de trabajo liviano es estar sentado al escribir, computación, haciendo planos,
o realizando ensamble ligero, o de pie operando máquinas.
Si “afirmativo”, cuanto tiempo dura esto en un turno promedio:
horas _____ minutos _______
b. Moderado (200 a 350 Kcal por hora) Sí / No
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Ejemplos de trabajo moderado son: estar sentado martillando o limando, manejado un
camión, perforando, o ensamble, moviendo cargas moderadas (aproximadamente 25
35 libras) a nivel de la cintura caminando en superficie planas a 2 millas por hora o
bajando un nivel de terreno de 5 grados a 3 millas por hora, o empujando una carretilla
con carga pesada (aproximadamente 100 libras) en superficie plana. (NOTA: Un galón
de agua peso aproximadamente 8 libras, o sea, un rociadora de mochila llena con 3
galones pesa aproximadamente 25 libras.)
Si “afirmativo”, cuanto tiempo dura esto en un turno promedio:
horas ______ minutos ______
c. Pesado (más de 350 Kcal por hora) Sí / No
Ejemplos de trabajo pesado son: levantar cargas pesadas(aproximadamente 50 libras)
del suelo a la altura de la cintura u hombros, trabajando en un plataformas de carga,
trabajo con pala, albañilería de pie, desbarbando piezas de fundición, subiendo niveles
de terreno de 8 grados aproximadamente a 2 millas por hora, subiendo escalones con
cargas pesadas (aproximadamente 50 libras)
Si “afirmativo”, cuanto tiempo dura esto en un turno promedio:
horas ______ minutos ______
6. ¿El trabajador va a utilizar ropa o equipo protector aparte del respirador? Sí / No
Si “afirmativo” describa el equipo que va a usar: ____________________________
___________________________________________________________________
7. ¿El trabajador va a trabajar en temperaturas altas
(temperaturas más de 77 F)? Sí / No
8. ¿El trabajador va a trabajar en condiciones húmedas? Sí / No
9. Describa el trabajo que hará el trabajador mientras usa su respirador(es): ________
___________________________________________________________________
___________________________________________________________________
10. Describa algunas condiciones especiales o condiciones peligrosas las cuales el
trabajador puede enfrentar cuando usa el respirador (por ejemplo, espacios confinados,
atmósferas deficientes en oxígeno, gases fulminantes): _______________________
___________________________________________________________________
11. Proporcione la siguiente información si lo sabe, para cada substancia tóxica a que el
trabajador puede ser expuesto cuando usa el respirador(es):
Nombre de la primera substancia tóxica: ___________________________________
Nivel máximo de exposición por turno de trabajo: ____________________________
Tiempo de exposición por turno de trabajo: _________________________________
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Nombre de la segunda substancia tóxica: ___________________________________
Nivel máximo de exposición por turno de trabajo: _____________________________
Tiempo de exposición por turno de trabajo: __________________________________
Nombre de la tercera substancia tóxica: ____________________________________
Nivel máximo de exposición por turno de trabajo: _____________________________
Tiempo de exposición por turno de trabajo: __________________________________
Nombre(s) de cualquier otra substancia(s) tóxica(s) a la cual el trabajador pueda ser
expuesto mientras usa un respirador: ______________________________________
____________________________________________________________________
12. Describa otras responsabilidades especiales que tendrán durante el tiempo que estarán
usando respiradores y que puedan afectar la seguridad y bienestar de otras personas
(por ejemplo, rescate, seguridad): ________________________________________
____________________________________________________________________
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 3-2006, filed 6/7/06, effective 3/1/07.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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Appendix D to OAR 437-004-1041
Appendix D to OAR 437-004-1041 Information for Employees Voluntarily Using
Respirators (Mandatory)
Respirators are an effective method of protection against designated hazards when properly
selected and worn. Oregon OSHA encourages respirator use, even when exposures are
below the exposure limit, to provide an additional level of comfort and protection for workers.
However, if you improperly use a respirator or do not keep it clean, the respirator itself can
become a hazard. Sometimes, workers may wear respirators to avoid exposures to hazards,
even if the amount of hazardous substance does not exceed the limits set by Oregon OSHA
standards. If your employer provides respirators for your voluntary use, of if you provide your
own respirator, you need to take certain precautions to be sure that the respirator itself does
not present a hazard.
You should do the following:
1. Read and follow all instructions from the manufacturer on use, maintenance, cleaning
and care, and warnings regarding the respirators limitations.
2. Choose respirators certified for use to protect against the contaminant of concern.
NIOSH, the National Institute for Occupational Safety and Health of the U.S.
Department of Health and Human Services, certifies respirators. A label or statement of
certification should appear on the respirator or respirator packaging. It will tell you what
the respirator is designed for and how much it will protect you.
3. Do not wear your respirator into atmospheres with contaminants that it is not designed
to protect against. For example, a respirator designed to filter dust particles will not
protect you against gases, vapors, or very small solid particles of fumes or smoke.
4. Keep track of your respirator so that you do not mistakenly use someone else’s
respirator.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 3-2006, filed 6/7/06, effective 3/1/07.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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Apéndice D de OAR 437-004-1041 Información para Trabajadores que Usan
Respiradores Voluntariamente (Obligatorio)
Los respiradores que son seleccionados y usados correctamente son un método de
protección efectivo contra peligros designados. Oregon OSHA promueve el uso de
respiradotes, aunque la exposición sea menor al límite permitido de exposición, para proveer
un mejor nivel de comodidad y protección a los trabajadores. Sin embargo, si usted usa su
respirador de manera incorrecta o si la limpieza adecuada no es mantenida, el respirador
mismo podría convertirse en un peligro. Los trabajadores pueden usar los respiradores para
evitar la exposición a peligros aunque la cantidad de substancias peligrosas no exceda los
límites establecidos bajo las reglas de Oregon OSHA. Si su empleador provee respiradores
para uso voluntario, o si usted provee su propio respirador, necesita tomar ciertas
precauciones para asegurarse de que el respirador no presenta ningún peligro.
Usted debería hacer lo siguiente:
1. Lea y siga todas las instrucciones del fabricante acerca del uso, mantenimiento,
limpieza y cuidado. También siga las instrucciones acerca de las advertencias en
cuanto a las limitaciones del respirador.
2. Elija respiradores que sean certificados para ser usados en la clase de atmósfera
contaminada, específica a su situación El Instituto Nacional para Salud y Seguridad
Ocupacional del Departamento de Salud y Servicios Humanos (NIOSH por sus siglas
en inglés) certifica respiradores. Una certificación o declaración que debe aparecer en
el respirador o paquete del respirador le dirá para qué clase de uso el respirador está
diseñado y la capacidad de protección que éste ofrece.
3. No use su respirador en atmósferas que contengan contaminantes si éste no esta
diseñado para protegerlo en esos ambientes. Por ejemplo, un respirador que esta
diseñado para filtrar partículas de polvo, no lo protegerá contra gases, vapores o
partículas sólidas muy pequeñas de humo.
4. Marque su respirador claramente para que por error usted no use el respirador de otra
persona.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 3-2006, filed 6/7/06, effective 3/1/07.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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437-004-1060
437-004-1050 Head Protection
Note: See Division 4/W, 437-004-6000, 170.240(c)(10) for information about the chemical-resistant
headwear requirements for pesticide handlers.
(1) General requirements. Require employees to wear head protection (helmets or
hardhats) when working in areas where there is a potential for injury to the head such
as from falling or flying objects or electrical hazards.
(2) Criteria for protective headwear.
(a) Head protection must comply with any of the following consensus standards:
(A) ANSI Z89.1-2003, “American National Standard for Industrial Head
Protection;”
(B) ANSI Z89.1-1997, “American National Standard for Industrial Head
Protection;” or
(C) ANSI Z89.1-1986, “American National Standard for Personnel Protection
Protective Headwear for Industrial Workers Requirements.”
Note: The Oregon OSHA Resource Center has copies of these standards or public review at
350 Winter Street NE, Salem OR.
(b) Protective headwear that the employer demonstrates is at least as effecive as
protective headwear that is constructed in accordance with one of the above
consensus standards will be deemed to be in compliance with the requirements of
this section.
(3) Require employees who work close to moving parts of power-driven machinery or
sources of ignition and whose hair is long enough to be caught in it or to be ignited, to
wear caps or other head coverings that completely restrains the hair.
Note: See Divisions 4/O and 4/P for equipment and tool guarding requirements.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
OR-OSHA Administrative Order 2-2010, filed 2/25/10, effective 2/25/10.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
437-004-1060 Hand, Foot, and Extremity Protection
Notes:
See Division 4/P, 437-004-2220(10) for the protective equipment requirements (appropriate gloves,
aprons and leg guards) for employees using sharp-edged cutting tools.
See Division 4/P, 437-004-2230 for requirements for PPE while using chain saws.
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437-004-1060 (3)
See Division 4/W, 437-004-6000, 170.240(c)(5) and (6) for information about the requirements for
gloves and chemical-resistant footwear for pesticide handlers.
(1) General requirements for hand protection.
(a) Employers must select and require employees to use appropriate hand protection
when the work exposes employees’ hands to hazards such as contact with
harmful substances; severe cuts, lacerations, or abrasions; punctures; chemical
burns; electrical hazards; harmful temperature extremes.
(b) Do not allow the use of leather or other absorbent materials to protect against
chemical hazards.
(c) Do not allow employees to wear gloves near moving parts or machines that might
catch them.
Note: See Divisions 4/O and 4/P for equipment and tool guarding requirements.
(2) General requirements for protective footwear.
(a) Require employees to use appropriate protective footwear when there is a danger
of foot injuries due to falling or rolling objects, objects piercing the sole, chemical
exposures, or electrical hazards.
(b) Protective footwear must comply with any of the following consensus standards:
(A) ASTM F-2412-2005, “Standard Test Methods for Foot Protection,” and ASTM
F-2413-2005, “Standard Specification for Performance Requirements for
Protective Footwear;”
(B) ANSI Z41-1999, “American National Standard for Personal Protection –
Protective Footwear;” or
(C) ANSI Z41-1991, “American National Standard for Personal Protection –
Protective Footwear.”
Notes:
Look for ANSI compliance information on the shoe, the box or tags.
The Oregon OSHA Resource Center has copies of these consensus standards for
public review at 350 Winter Street NE, Salem OR.
(c) Protective footwear that the employer demonstrates is at least as effective as
footwear that is constructed in accordance with one of the above consensus
standards will be deemed to be in compliance with the requirements of this
section.
(3) Protection of Extremities.
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437-004-1070 (2)(b)(B)
(a) Require employees to wear leggings or high boots of leather, rubber or other
suitable material to protect legs from physical hazards such as hot or cold
substances, or sharp objects, and from chemical hazards such as spills or
splashes.
(b) Require employees to wear sleeves or long gloves of leather, rubber or other
suitable material to protect arms from physical hazards such as hot or cold
substances, or sharp objects; and from chemical hazards such as spills or
splashes.
(c) Do not allow the use of leather or other absorbent materials to protect against
chemical hazards.
Note: See Division 4/P, OAR 437-004-2230(1)(c)(G) for the requirement to provide flexible ballistic nylon
pads, chaps (or other equivalent protective equipment for the legs from the thigh to the top of the
boot) for employees using chain saws.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
OR-OSHA Administrative Order 2-2010, filed 2/25/10, effective 2/25/10.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
437-004-1070 Working Underway on Water
(1) Definitions.
(a) Boat means every description of water craft used or capable of being used as a
means of transportation on the water, but does not include aircraft built to land on
the water.
Examples include rowboats, powerboats, rafts, barges, pontoons, and dredges.
(b) Underway means when a boat is in or on the water and on the move - not at
anchor, not moored, and not made fast to the shore.
(2) Personal flotation devices.
(a) Workers in boats that are underway must wear Coast Guard approved or
equivalent, wearable personal flotation devices (PFD).
Exception: A worker below deck or in an enclosed part of a boat, like a cabin or pilot house, need
not wear the PFD but must have it readily available.
(b) The PFD provided must be:
(A) The right size for the wearer,
(B) Able to perform the function that the manufacturer intended, and
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437-004-1075 (3)(c)
(C) Maintained according to the manufacturer’s requirements and
recommendations.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 1-2001, filed 1/18/01, effective 3/1/01.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
437-004-1075 Working Over or in Water
(1) Definition.
(a) Rescue device means a ring buoy and line, gaff pole, throwable rescue device or
other device that serves as a means to rescue somebody from the water without
requiring the rescuer to enter the water.
(2) Scope and application.
(a) These rules apply where there is a danger of drowning and the water is more than
5 feet deep. These rules do not apply to workers protected by general or personal
fall protection.
(b) If employees are engaged in diving and related support operations conducted in
connection with Agricultural employment, Division 2, 1910.401 through 1910.440,
Commercial Diving Operations, applies.
(3) Personal flotation and rescue devices.
(a) Workers in water, over water on floating or unstable surfaces, or adjacent to water,
must wear a Coast Guard approved or equivalent, wearable personal flotation
device (PFD).
(b) The PFD must be:
(A) The right size for the wearer,
(B) Able to perform the function that the manufacturer intended, and
(C) Maintained according to the manufacturer’s requirements and
recommendations.
(c) Piers, docks, wharves and work sites along developed shorelines must have
rescue devices available within 200 feet of the water or shoreline work area.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 1-2001, filed 1/18/01, effective 3/1/01.
OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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Appendix A to Subdivision 4/I Sample Hazard Assessment for Personal
Protective Equipment (PPE) (Nonmandatory)
Note: The following list does not cover all possible hazards that employees may face or for which personal
protective equipment may be required. Noisy environments or those that may require respirators must be
evaluated with appropriate test equipment to quantify the exposure level when overexposure is suspected.
Employer: ________________________________________________________________
_________________________________________________________________________
Address: __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Workplace/Area/ Job Assessed: _______________________________________________
_________________________________________________________________________
_________________________________________________________________________
Name / Job Title of Person performing Assessment: ________________________________
_________________________________________________________________________
Date(s) of Assessment: ______________________________________________________
Types of Hazards:
A. Impact Hazards/ Falling Objects
1. Is work performed above or below other workers? Yes / No
2. Is it possible for an employee to be struck by a falling object? Yes / No
3. Are there any activities generating flying fragments/particles? Yes / No
4. If “YES,” list the sources of falling or flying materials: _______________________
_________________________________________________________________
_________________________________________________________________
5. Do employees carry heavy objects which could cause injury if
dropped? Yes / No
6. Could movement of personnel result in a collision with stationary
objects? Yes / No
7. Are there any other potential impact hazards, such as moving objects
or mechanical processes? Yes / No
8. If “YES,” list the sources of potential mechanical impact: ____________________
_________________________________________________________________
_________________________________________________________________
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9. Number and characteristic of this type injury logged in company records for the last
5 years: ___________________________________________________________
_________________________________________________________________
B. Penetration (by sharp objects)
1. Are there sharp or breakable objects such as glass, scrap metal, nails,
wire, staples, or other objects that could penetrate hands or feet
used in this area? Yes / No
2. Are there sharp tools used in the area? Yes / No
3. Are there rough surfaces that could scrape, scratch or abrade the skin? Yes / No
4. List the source(s) of penetration hazards: _________________________________
_________________________________________________________________
5. Number and characteristic of this type injury logged in company records for the last
5 years: ___________________________________________________________
_________________________________________________________________
C. Compression Hazards: Crushing/ Rolling / Pinching Objects
1. Are forklifts used in employee walk areas? Yes / No
2. Do employees use manual material movers? Yes / No
3. Are there process hazards that could pinch or crush employee’s
hands or feet? Yes / No
4. Are there bulk rolls of material or heavy pipes handled by employees? Yes / No
5. Are there objects that could pinch, crush, or roll over workers? Yes / No
6. List the source(s) of compression /pinching/ roll over hazards: ________________
_________________________________________________________________
_________________________________________________________________
7. Number and characteristic of this type injury logged in company records for the last
5 years: ___________________________________________________________
_________________________________________________________________
D. Chemical or Pesticide Exposure
1. Are chemicals used in the workplace? Yes / No
2. If so, do you have a Material Safety Data Sheet for each chemical? Yes / No
3. Are there established Permissible Exposure Limits for each chemical? Yes / No
4. Is there a splash hazard? Yes / No
5. Do the chemicals release mists, vapors or gases? Yes / No
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6. Will the chemicals irritate the skin or eyes? Yes / No
Pesticides:
7. Are Pesticide products handled in the workplace Yes / No
8. Are label directions for PPE followed for each product? Yes / No
9. Number and characteristic of chemical or pesticide-related injury logged in
company records for the last 5 years: ___________________________________
_________________________________________________________________
E. High or Low Temperatures (Including possible effects of heat-stress)
1. Are there sources of high temperature in the workplace? Yes / No
2. Are there sources of low temperature in the workplace? Yes / No
3. Are welding operations performed by employees in the work area? Yes / No
4. Are compressed gasses used in the workplace? Yes / No
5. Could skin or eye injuries occur from any of the above hazards? Yes / No
6. Could temperature extremes adversely affect the PPE chosen? Yes / No
7. Could the use of PPE cause heat-related illness? Yes / No
8. Number and characteristic of this type injury logged in company records for the last
5 years: __________________________________________________________
_________________________________________________________________
F. Harmful Dust or Particulates
1. Are there sources of breathable dust or particulate? Yes / No
2. If YES, list the sources of the hazard(s): _________________________________
_________________________________________________________________
3. Number and characteristic of this type of injury logged in company records for the
last 5 years? _______________________________________________________
_________________________________________________________________
G. Light (optical) Radiation
1. Are welding, brazing or cutting operations performed in this workplace? Yes / No
2. Are furnaces operated in this workplace? Yes / No
3. Are there high intensity light sources? Yes / No
4. Are any lasers used in this workplace? Yes / No
5. Number of this type injury logged in company records for the last 5 years? ______
_________________________________________________________________
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H. Other
1. Electrical
1. Are there exposed electrical conductors in the work area? Yes / No
2. Can employees come into contact with these conductors? Yes / No
2. Workplace Layout Hazards: ___________________________________________
_________________________________________________________________
_________________________________________________________________
3. Drowning Hazards: _________________________________________________
_________________________________________________________________
_________________________________________________________________
4. Slip, Trip & Fall Hazards: _____________________________________________
_________________________________________________________________
_________________________________________________________________
5. Other Safety Issues/ Recommendations _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The following list of Personal Protective Equipment (PPE) is recommended while working in
this assessed job / work area: (check all that apply)
Hand/ Arm Protection
_____Chemical Resistant Gloves/Sleeves (What chemicals?) ___________________
______________________________________________________________
_____Cut Resistant Gloves/Sleeves
_____Heat Resistant Gloves/Sleeves
_____Electrical Protective Gloves/Sleeves
_____Long Sleeves
_____Leather Work Gloves
_____Other: (list) _____________________________________________________
______________________________________________________________
Head Protection
_____Hard Hat: Class A_____ Class B_____ Class C_____ Other _____
_____Welding Hood (Also, see recommended filter lens rating, under “Eye and Face”)
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_____Cap or head covering (to restrain hair)
_____Other: (list) _____________________________________________________
______________________________________________________________
Foot /Leg Protection
_____Shoe Covers
_____Rubber Boots
_____Chemical Resistant.(What chemical?) ________________________________
______________________________________________________________
_____Steel toed.
_____Steel shank
_____Metatarsal Guards
_____Other: (list) _____________________________________________________
______________________________________________________________
Eye and Face Protection
_____Goggles, ____Chemical protective
_____Safety Glasses
_____Side Shields
_____Face Shield, Screen ___________ Reflective ______________
_____Shaded Spectacles, Filter lenses rating __________________________
_____Welding Helmet, Filter lenses rating __________________________
_____Welding Shield
_____Welding Goggles, Filter lenses rating __________________________
_____Other: (list) _____________________________________________________
______________________________________________________________
Is Hearing Protection used by employees in this area?
_____Required by employer? NRR needed: ________________________
_____Ear Plugs NRR __________________________________________
_____Ear Muffs NRR __________________________________________
_____Other: (list) _____________________________________________________
______________________________________________________________
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Chemical Protective Clothing (Choose materials based on exposure to specific chemicals)
_____Lab Coat
_____Smock
_____Apron, Made of: _______________________________________
_____Coveralls, Made of: _______________________________________
_____Level A Suit, Made of: _______________________________________
_____Level B Suit, Made of: _______________________________________
_____Level C Suit, Made of: _______________________________________
_____Rain Suit, Made of: _______________________________________
Is Respiratory Protection used by employees in this area?
_____Required by employer? _____Voluntary use?
Contaminant(s): _______________________________________________________
____________________________________________________________________
Level of exposure: _____________________________________________________
____________________________________________________________________
_____IDLH?
_____NIOSH-approved “Dust Mask”/Filtering Face Piece
_____Type N _____Type R _____Type P
Rating_____95_____99_____99.99
_____Air Purifying Respirator, _____half mask _____full-face mask
Specify Cartridge(s): ______________________________________________
______________________________________________________________
_____Supplied Air System
_____Self Contained Breathing Apparatus (SCBA)
Flotation Devices
_____Life Vest
_____Buoyant Work Vest
_____Other: (list) _____________________________________________________
____________________________________________________________________
Traffic Safety (High Visibility) Clothing
_____Reflective Vest
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_____Reflective Suit
_____Other: (list) _____________________________________________________
___________________________________________________________________
Other Recommended Personal Protective Equipment PPE (specify): __________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Standards or Reference Documents Used: _______________________________________
_________________________________________________________________________
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: OR-OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
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Historical Notes
Historical Notes for Subdivision I
Notes are included in the full compilation of the Division 4 Administrative Rules.
Oregon Administrative Rules
Chapter 437
Division 4
Agriculture
Work Environment
Subdivision
Administrative
Order 2-2023
ii
Pursuant to Oregon Revised Statutes (ORS) 654, The Oregon Safe Employment Act (OSEAct), the
Oregon Department of Consumer and Business Services, Occupational Safety and Health Division (Oregon
OSHA), adopted these rules.
The Secretary of State designated Oregon Administrative Rules Chapter 437 as the Oregon Occupational
Safety and Health Division Rules. Six subject areas are designated as “Divisions” of these rules.
Division 1 Administration of the Oregon Safe Employment Act
Division 2 General Occupational Safety and Health Rules
Division 3 Construction
Division 4 Agriculture
Division 5 Maritime Activities
Division 7 Forest Activities
Oregon-initiated rules are numbered in a uniform system developed by the Secretary of State. This system
does not number the rules in sequence (001, 002, 003, etc.). Omitted numbers may be assigned to new
rules at the time of their adoption.
Oregon-initiated rules are arranged in the following codification structure prescribed by the Secretary of
State for Oregon Administrative Rules (OAR):
Chapter Division Subdivision Rule Section Paragraphs
437 004 N 0221 (1) (a)(A)(i)(I)
Cite as 437-004-0221(1)(a)
Many of the Oregon OSHA rules are adopted by reference from the Code of Federal Regulations (CFR),
and are arranged in the following federal numbering system:
Part Subpart Section Paragraphs
(Subdivision)
1910 N .176 (a)(1)(i)(A)(1)(i)
Cite as 1910.176(a)(1)
The terms “subdivision” and “subpart” are synonymous within OAR 437, Oregon Occupational Safety and
Health rules.
These rules are available for viewing in the Office of the Secretary of State, Oregon State Archives
Building, Salem, Oregon.
These rules are available in electronic and printable formats at osha.oregon.gov.
Printed copies of these rules are available at:
Department of Consumer & Business Services
Oregon Occupational Safety & Health Division (Oregon OSHA)
350 Winter St. NE
Salem, OR 97301-3882
Or call the Oregon OSHA Resource Library at 503-378-3272.
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Table of Contents
437-004-1105 Sanitation ................................................................................................ 5
437-004-1110 Field Sanitation for Hand Labor Work ..................................................... 8
437-004-1115 Repealed ............................................................................................... 11
437-004-1120 Agricultural Labor Housing and Related Facilities ................................. 11
437-004-1131 Heat Illness Prevention ......................................................................... 31
Appendix A - Mandatory Information for Heat Illness Prevention .......................................... 41
437-004-1140 Lighting ................................................................................................. 47
437-004-1150 Safety Colors for Marking Physical Hazards ......................................... 47
437-004-1180 Accident Prevention Signs .................................................................... 47
437-004-1250 Confined and Hazardous Spaces.......................................................... 49
437-004-1260 Manure Lagoons, Storage Ponds, Vats, Pits and Separators ............... 54
437-004-1275 The Control of Hazardous Energy (Lockout/Tagout) ............................. 55
Appendix A Typical Minimal Lockout Procedure ................................................................ 65
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437-004-1105 Sanitation
(1) General.
(a) Scope. This applies to permanent agricultural places of employment under
conditions not covered by other standards such as OAR 437-004-1110, Field
Sanitation and OAR 437-004-9990, Worker Protection Standard.
(b) Definitions applicable to this section.
Non-water carriage toilet facility is a toilet facility not connected to a sewer.
Number of employees is, unless otherwise stated, the maximum number of
employees present at any one time on a regular shift.
Potable water is water meeting the bacteriological and chemical quality
requirements in the OAR Chapter 333, Division 61, Public Water Systems, of
the Oregon State Health Division.
Sanitary means free from agents harmful to health.
Toilet facility is a fixture in a toilet room for defecation, urination, or both.
Toilet room is a room with toilet facilities in or on any place of employment.
Toxic material is a material in concentration or amount that exceeds the
applicable limit established by a standard, or, lacking an applicable standard,
is so toxic as to be a recognized hazard that is causing or is likely to cause
death or serious physical harm.
Urinal is a toilet facility in a toilet room for the sole purpose of urination.
Water closet is a toilet in a toilet room for both defecation and urination and
flushed with water.
Wet process is any process or operation that normally results in employee
walking or working surfaces becoming wet.
(c) Housekeeping.
(A) Keep all work areas as clean as the work allows.
(B) Work area floors must be kept as dry as conditions allow. Where there are
wet processes, there must be drainage or false floors, platforms, mats, or
other dry standing places, where practicable. Otherwise, provide waterproof
shoes or boots.
(d) Waste disposal.
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(A) Any container for solid or liquid waste or refuse that could rot or decompose
must not leak. It must be cleanable, sanitary and have a solid tight-fitting
cover unless it can be kept sanitary without one.
(B) Remove sweepings, solid or liquid wastes, refuse, and garbage to avoid
creating a health hazard and often enough to keep the work area sanitary.
(2) Disposal of waste materials.
(a) Do not allow scrap, waste material or debris to accumulate in work areas.
(b) Remove flammable waste, such as oily rags, or keep it in containers designed or
suitable for it.
(c) Where the use of machines or equipment creates hazardous waste materials, they
must have suitable collecting or removal systems. If the refuse is unsuitable for
removal that way, find a safe method of temporary storage and regular removal.
(3) Water supply.
(a) Potable water.
(A) Every work area must have potable water for drinking and washing.
(B) Portable drinking water dispensers must be kept sanitary. They must be
capable of being closed and have a tap.
(C) Do not use open containers such as barrels, pails, or tanks for drinking
water.
(D) Do not use common drinking cups and other common utensils.
(b) Non-potable water.
(A) Outlets for non-potable water must have markings that clearly state that the
water is unsafe and is not for drinking, washing, or use with or on food.
(B) Non-potable water systems or systems carrying any other non-potable
substance must prevent backflow or back siphonage into a potable water
system.
(C) Do not use non-potable water for washing any part of the body, cooking or
eating utensils, or clothing. Clean work areas, other than food processing
and preparation areas and personal service rooms, with non-potable water
only if it has no chemicals, fecal coliform, or other substances that could
create unsanitary conditions or be harmful to employees.
Note: Water supply systems design and construction standards are in the Oregon Health
Division rules, OAR Chapter 333, Division 61, Public Water Systems.
(4) Toilet facilities.
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437-004-1105 (6)
(a) General.
(A) Except as otherwise stated in this paragraph, there must be toilet facilities
that comply with Table 1, in toilet rooms separate for each sex. Base the
number of facilities for each sex on the number of employees of that sex.
You do not need separate rooms for each sex if the toilet rooms are for one
person at a time, can be locked from the inside, and have at least one water
closet. Where single-occupancy rooms have more than one toilet facility,
count only one facility in each toilet room when using Table 1.
Table 1
Minimum number of water closets
(1)
1 to 15
1
16 to 35
2
36 to 55
3
56 to 80
4
81 to 110
5
111 to 150
6
Over 150
(2)
(1)
If women will not be using the toilet facilities, there may be urinals
instead of water closets. The number of water closets must not be
less than 2/3 of the minimum specified.
(2)
One additional fixture for each additional 40 employees.
(B) The requirements of (4)(a)(A) above do not apply to mobile crews or to
normally unattended work locations if employees have transportation
immediately available to nearby toilet facilities that meet the requirements of
this subparagraph.
(C) The sewage disposal method must not endanger the health of employees.
(b) Construction of toilet rooms. Each water closet must be in a separate
compartment with a door and walls or partitions between fixtures high enough to
assure privacy.
(c) Toilet facilities. Toilet facilities at permanent work sites must be reasonably
accessible.
(5) Washing facilities. Work areas must have adequate facilities or supplies for cleaning
hands.
(6) Change rooms. When a standard requires employees to wear protective clothing
because of the possibility of contamination with toxic materials, you must provide
change rooms with storage facilities for street clothes and separate storage facilities for
the protective clothing. This does not apply to outdoor work.
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(7) Consumption of food and beverages on the premises. This applies only where
employees are permitted to eat on the premises.
(a) Do not allow workers to eat in a toilet room or in any area exposed to a toxic
material.
(b) Provide receptacles made of smooth, corrosion resistant, easily cleanable, or
disposable materials for the disposal of waste food. Do not allow them to become
over filled. Empty them daily unless unused and keep them clean. They must have
a solid tight-fitting cover unless they can be kept clean without a cover.
(c) Do not store food or beverages in toilet rooms or in areas exposed to a toxic
material, medicines or live virus.
(8) Vermin control. Every enclosed workplace must be built and maintained, as much as
practicable, to prevent rodents, insects, and other vermin from entering or living in it.
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
437-004-1110 Field Sanitation for Hand Labor Work
(1) Scope. This applies to any agricultural establishment where employees do hand-labor
operations in the field.
(2) Exceptions. These rules do not apply to:
(a) Logging operations;
(b) The care or feeding of livestock;
(c) Hand-labor operations in permanent structures (e.g., canning facilities or packing
houses); or
(d) Machine operators working entirely separate from hand-labor operations.
(3) Definitions.
Agricultural employer See universal definition in 4/B, OAR 437-004-0100.
Agricultural establishment See universal definition in 4/B, OAR 437-004-0100.
Hand labor operation means agricultural activities or agricultural operations
performed by hand or with hand tools, including:
(A) Hand-cultivation, hand-weeding, hand-planting, and hand-harvesting of
vegetables, nuts, fruits, seedlings, or other crops (including mushrooms);
(B) Hand packing or sorting, whether done on the ground, on a moving machine, or in
a temporary packing shed in the field; and
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(C) Except for purposes of OAR 437-004-1110(6), operation of vehicles or machinery,
when such activity is in conjunction with other hand-labor operators.
Handwashing facility means a facility providing either a basin, container, or outlet
with an adequate supply of potable water, soap, and single-use towels.
Potable water is water meeting the bacteriological and chemical quality requirements
in the OAR Chapter 333, Division 61 Public Water Systems, of the Oregon State
Health Division.
Note: OAR Chapter 333, Division 61 defines potable water as “Safe Drinking Water – water which
has sufficiently low concentrations of microbiological, inorganic chemical, organic chemical,
radiological, or physical substances so that individuals drinking such water at normal levels of
consumption, will not be exposed to disease organisms or other substances that may produce
harmful physiological effects.”
Toilet facility means a fixed or portable facility designed for adequate collection and
containment of the products of both defecation and urination. Toilet facility
includes biological, chemical, flush, and combustion toilets and sanitary privies.
(4) General requirements. Agricultural employers must provide and pay for everything
required by this section for employees doing hand-labor operations in the field.
(5) Potable drinking water.
(a) Provide potable water that is available immediately to all employees.
(b) The water must be suitably cool and in sufficient amounts, taking into account the
air temperature, humidity, and the nature of the work, to meet the needs of all
employees.
(c) Dispense water in single-use drinking cups or by angle jet fountains. Do not use
common drinking cups or dippers.
(6) Toilet and handwashing facilities.
(a) Provide one toilet facility and one handwashing facility for each 20 employees or
fraction thereof.
(b) Toilet facilities must have adequate ventilation, appropriate screens, self-closing
doors that close and latch from the inside and ensure privacy.
(c) Maintain privies and portable toilets as follows:
(A) Structures must be free of hazards, in good repair and be stable.
(B) Except for urinals, multiple units must have separate compartments with
doors with inside latches to ensure privacy.
(C) Seats must have lids that raise to allow use as urinals, unless there are
separate urinals.
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(d) Privies and portable toilets built after the effective date of these rules must comply
with the rules of the Department of Environmental Quality.
(e) Provide toilet facilities for each sex, where practicable. Distinctly mark them
“women” and “men” in English and in the native language of employees expected
to work in the fields or with easily understood pictures or symbols.
(f) The employer must ensure that for each toilet facility:
(A) There is enough toilet paper to meet the workers’ needs during the shift; and
(B) There are toilet paper holders or dispensers for each seat.
(g) Locate toilet and handwashing facilities adjacent to each other and no more than a
5 minute or a 1/4-mile (1,320 feet) unobstructed walk from each hand laborer’s
place of work in the field.
(h) Where, due to terrain, it is not feasible to locate facilities as in (g) above, the
facilities must be at the point of closest vehicular access.
(7) Maintenance.
(a) Potable drinking water and toilet and handwashing facilities must comply with
appropriate public health sanitation practices.
(b) Drinking water containers must be made of materials that maintain water quality.
Refill them daily or more often as necessary and keep them covered and clean.
(c) Toilet facilities must work and be clean and safe.
(d) Empty and recharge chemical toilets prior to the start of each season of operation
and at least every 6 months thereafter during use or when the tank is three-
quarters full, whichever occurs first.
(e) Where crops intended for human consumption are produced, toilets must not
contaminate crops.
(f) Refill handwashing facilities with potable water as necessary to ensure an
adequate supply and maintain them in a clean and sanitary condition.
(g) Disposal of wastes from facilities, including handwashing water and towels, must
not cause unsanitary conditions or contamination of crops.
(8) Field sanitation notice. Employers that grow or harvest food crops for human
consumption must post a notice describing the requirements of these rules and advising
where workers may file complaints regarding field sanitation matters. It must be in the
language of the majority of the workers.
(9) Reasonable use.
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(a) The employer must notify each employee of the location of the sanitation facilities
and water, and allow each employee reasonable opportunities during the workday
to use them. The employer must inform each employee of the importance of good
hygiene practices to minimize exposure to the hazards in the field from heat,
communicable diseases, retention of urine and agrichemical residues, including,
but not limited to the following:
(A) Using the water and facilities provided for drinking, handwashing, and
elimination;
(B) Drinking water frequently, especially on hot days;
(C) Urinating as frequently as necessary;
(D) Washing hands both before and after using the toilet; and
(E) Washing hands before eating and smoking.
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
OSHA 4-2011, adopt filed 12/08/2011, effective 12/08/2011
437-004-1115 Repealed
Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes Implemented: 654.001 through 654.295
History: OSHA 1-2021, adopt filed 04/30/2021, effective 04/30/2021
OSHA 4-2021, temporary amend filed 06/30/2021, effective 06/30/2021 through 12/26/2021
OSHA 15-2021, adopt filed 12/21/2021, effective 12/21/2021
OSHA 2-2022, temporary amend filed 4/13/2022, effective 4/13/2022
OSHA 6-2022, adopt filed 10/6/2022, effective 10/7/202
OR-OSHA Temporary Administrative Order 1-2023, filed 3/30/23, effective 4/3/23
OR-OSHA Administrative Order 2-2023, filed. 8/16/23, effective 8/17/23
437-004-1120 Agricultural Labor Housing and Related Facilities
(1) Application.
(a) These rules apply to any place, or area of land, where there are living areas,
manufactured or prefabricated homes or dwellings or other housing provided by a
farmer, farm labor contractor, agricultural employer or other person in connection
with the recruitment of workers on an agricultural establishment.
(b) These rules apply to any type of labor housing and related facilities together with
the tract of land, established, or to be established, operated or maintained for
housing workers with or without families whether or not rent is paid or collected.
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(c) Manufactured dwellings and homes must comply with specifications for
construction of sleeping places, unless they comply with ORS 446.155 to 446.185
and OAR 918-500-0020(2) that have the requirements and specifications for
sanitation and safety design for manufactured dwellings.
(d) These rules apply to housing given to, rented, leased to or otherwise provided to
employees for use while employed and provided or allowed either by the
employer, a representative of the employer or a housing operator.
(e) These rules, unless otherwise stated, apply to all occupants of the labor housing
and facilities.
(f) These rules apply to all labor housing sites owned, operated, or allowed to operate
on property under the jurisdiction of any state or municipal authority.
(g) Violations relating to the occupants’ personal housekeeping practices in facilities
that are not common use will not result in citations to the employer.
(h) For the purposes of OAR 437-004-1120, labor contractors as defined in ORS
658.405 are employers.
(2) These rules do not apply to:
(a) hotels or motels that provide similar housing commercially to the public on the
same terms as they do to workers.
(b) accommodations subject to licensing as manufactured dwelling parks,
organizational camps, traveler’s accommodations or recreation vehicle parks and
open to the general public on the same terms.
(c) manufactured homes or dwellings being moved regularly from place to place
because of the work when at parks or camps meant for parking mobile vehicles
and open to the general public on the same terms.
(3) Charging occupants for required services. Operators may not charge for services
required by this rule (OAR 437-004-1120). This prohibits pay-per-use toilets, pay-per-
use bathing facilities or any other method of paying for individual service requirements.
(4) Definitions.
(a) Clean means the absence of soil or dirt or removal of soil or dirt by washing,
sweeping, clearing away, or any method appropriate to the material at hand.
(b) Common use facilities are those for use by occupants of more than one housing
unit or by occupants of dormitory-style housing.
(c) Common use cooking and eating facility is a shared area for occupants to
store, prepare, cook, and eat their own food.
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(d) Dining hall is an eating place with food furnished by and prepared under the
direction of the operator for consumption, with or without charge, of the occupants.
(e) Facility means a living area, drinking water installation, toilet installation, sewage
disposal installation, food handling installation, or other installation required for
compliance with the labor housing and related facility rules.
(f) Garbage means food wastes, food packaging materials or any refuse that has
been in contact with food stuffs.
(g) Housing site is a place where there are living areas.
(h) Livestock operation is any place, establishment or facility with pens or other
enclosures in which livestock is kept for purposes including, but not limited to,
feeding, milking, slaughter, watering, weighing, sorting, receiving, and shipping.
Livestock operations include, among other things, dairy farms, corrals,
slaughterhouses, feedlots, and stockyards. Operations where livestock can roam
on a pasture over a distance are outside this definition.
(i) Living area is any room, structure, shelter, tent, manufactured home or dwelling
or prefabricated structure, vehicle or other place housing one or more persons.
(j) Manufactured dwelling is a residential trailer, built before January 1, 1962, for
movement on the highway, that has sleeping, cooking and plumbing facilities; or, a
mobile home, constructed for movement on the highway, that has sleeping,
cooking and plumbing facilities, built between January 1, 1962 and June 15, 1976
and meeting the requirements of Oregon mobile home law in effect at the time of
construction.
(k) Manufactured home is a structure built for movement on the highway that has
sleeping, cooking and plumbing facilities and is used as a residence. Built on or
after June 15, 1976 to comply with federal manufactured housing standards and
regulations in effect at the time of construction. More information on these
definitions is in ORS 446.003(26).
(l) Operator means any person or company that operates labor housing and/or
related facilities.
(m) Potable water is water meeting the bacteriological and other requirements of the
Public Health Division of the Oregon Department of Human Services.
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(n) Prefabricated structure means a building or subassembly which has been in
whole or substantial part manufactured or assembled using closed construction at
an off-site location to be wholly or partially assembled on-site; but does not include
a manufactured home or dwelling. Prefabricated structures are manufactured in
accordance with the Oregon state building code and rules adopted by the Building
Codes Division of the Oregon Department of Consumer and Business Services in
OAR 918-674.
(o) Privy is the same as outhouse or pit toilet but is not the same as portable toilets.
(p) Recyclable material means containers that are returnable for refund of a deposit
or materials gathered as part of a recycling program.
(q) Refuse includes waste materials such as paper, metal, discarded items, as well as
debris, litter and trash.
(r) Sanitary means free from agents that may be injurious to health.
(s) Sewage means the water-carried human and animal wastes, including kitchen,
bath, and laundry wastes from residences, buildings, industrial establishments, or
other places, together with such ground-water infiltration, surface waters, or
industrial wastes as may be present.
(t) Toilet room is a room in or on the premises of any labor housing, with toilet
facilities for use by employees and occupants of that housing.
(5) Housing registration requirements.
(a) ORS 658.7050 requires the operator of Agricultural Labor Housing and Related
Facilities to register such housing with Oregon OSHA as in (b) below, except the
following as defined by ORS 658.705:
(A) housing occupied solely by members of the same family,
(B) housing occupied by five or fewer unrelated persons, or
(C) housing on operations that do not produce or harvest farm crops (Oregon
OSHA considers “production of crops” to mean production of farm crops for
sale”).
(b) Each year, before occupancy, the operator or employer must register agricultural
labor housing and related facilities with Oregon OSHA as set out below.
(A) The operator must contact Oregon OSHA at least 45 days before the first
day of operation or occupancy of the housing and related facilities.
Instructions and additional information will come later by mail.
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(B) If the housing and related facilities were not registered in the previous year,
the operator must call Oregon OSHA to request a consultation visit to the
housing. Oregon OSHA will register housing and related facilities not
previously registered only after a pre-occupancy consultation that finds the
housing or facility to be substantially in compliance with all applicable safety
and health rules.
(C) If there were significant changes in the circumstances of the housing or
facilities since the last registration, Oregon OSHA may, at its discretion, refer
the employer for a consultation prior to re-registering the housing and
facilities.
(D) Once registered, the operator must display the registration certificate
provided by Oregon OSHA in a place frequented by employees. The
operator must also provide and display a translation of the certificate in the
language or languages used to communicate with employees.
(c) The Director of the Department of Consumer and Business Services or designee
may revoke a labor housing and related facilities registration if Oregon OSHA
determines that any of the following apply:
(A) The application had any negligent or willful material misrepresentation, or
false statement.
(B) The conditions under which the registration was accepted no longer exist or
have changed.
(C) The housing and related facilities are not substantially in compliance with the
applicable safety and health rules.
(d) When Oregon OSHA revokes the registration of agricultural labor housing and
related facilities, operators or their agents have 30 days to file a written appeal. On
receipt of such appeal, the Director of the Department of Consumer and Business
Services will hold a contested case hearing on that appeal under ORS 183.413, et
seq.
(e) Any group or individual may protest the proposed registration, continued
registration or renewal of any labor housing and related facilities registration under
the following conditions:
(A) The signed and dated protest must be submitted in writing and received by
the Director before issuance of the registration or renewal.
(B) The protest must include the name, address and phone number of the
individual or group filing it.
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437-004-1120 (6)(k)
(C) The protest must clearly identify which housing and related facilities is the
subject of the protest, including the exact physical location and name of the
applicant.
(D) The protest must clearly state the facts and reasons for the protest. Such
facts and reasons must be based on factors that are within the scope of ORS
654, ORS 658.705 through 658.850 and any relevant regulations.
(E) When the above provisions are met, such group or individual may participate
in the contested case as a party or limited party under OAR 137-003-0005.
(6) Site requirements.
(a) The grounds of labor housing and related facilities must be substantially free from
waste water, sewage, garbage, recyclable material, refuse or noxious plants such
as poison oak and poison ivy.
(b) During housing occupancy, grass, weeds and brush must be cut back at least 30
feet from buildings.
(c) All housing site land must have adequate drainage. The site must not be subject to
flooding when occupied.
(d) Adequately dispose of the waste water and food waste under outside water
hydrants.
(e) The operator of labor housing is responsible for the maintenance and operation of
the housing and its facilities.
(f) Store all toxic materials such as pesticides, fertilizers, paints and solvents in a safe
place.
(g) Do not leave empty pesticide containers such as drums, bags, cans, or bottles in
the housing area.
(h) Prevent or control the breeding of mosquitoes, flies, and rodents in the immediate
housing area and within 200 feet of any labor housing and related facilities owned
or under lawful control or supervision of the operator.
(i) Do not locate labor housing within 500 feet of livestock operations unless the
employees in the housing are employed to tend or otherwise work with the
animals.
Note: This is does not apply to animals owned by the housing occupants.
(j) Provide electricity to all housing units and related facilities. Subdivision 4/S,
Electricity applies to ALH.
(k) Extension cords or plug strips must have circuit breaker or fuse protection either
as part of the set or part of the building wiring.
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(l) Facilities built or remodeled before December 15, 1989, must have a ceiling or
wall-type electric light fixture in working order and at least one wall-type electrical
outlet in every living area. Facilities built or remodeled after that date must comply
with the code in effect at the time of construction or remodeling.
(m) Provide a ceiling or wall-type electric light in toilet rooms, lavatories, shower or
bathing rooms, laundry rooms, hallways, stairways, the common eating area or
other hazardous dark areas.
(n) Light privies either directly or indirectly from an outside light source.
(o) Provide enough light in corridors and walkways to allow safe travel at night.
(p) Each housing site must have its street numbers displayed to be easily visible to
responding emergency vehicles on public highways or roads.
(q) The lowest point of wooden floor structures must be at least 12 inches above
ground.
(7) Water supply.
(a) All domestic water furnished at labor housing and related facilities must conform to
the standards of the Public Health Division of the Oregon Department of Human
Services. The site water system must supply at least 15 psi at the outlet end of all
water lines regardless of the number of outlets in use.
(b) Have a bacteriological analysis done on the water before occupancy and as often
as needed to assure a potable water supply, except when the water comes from a
community water system.
(c) Provide enough potable water in the labor housing area for drinking, hand
washing, bathing and domestic use. An ample supply is at least 35 gallons of
water per day per occupant.
(d) Arrange, construct and if necessary, periodically disinfect the water storage and
distribution facilities to satisfactorily protect the water from contamination. Install all
new plumbing in labor housing and related facilities to comply with the Oregon
state building code.
(e) When potable water is not available in each dwelling unit, there must be a potable
water source within 100 feet of each unit and there must be a working, clean
drinking fountain for each 100 occupants or fraction thereof.
(f) Post as, “Unsafe for drinking,” non-potable water that is accessible to occupants.
The posting must be in the language of the camp occupants or with a universal
symbol.
(g) Portable water containers with spigots and tight fitting lids are acceptable for
providing and storing drinking water in the housing.
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437-004-1120 (10)(a)
(A) These containers must be made of impervious non-toxic materials that
protect the water from contamination.
(B) Wash and sanitize them at least every 7 days.
(h) Do not use containers such as barrels, pails or tanks that require dipping or
pouring to get the water.
(i) Do not use cups, dippers or other utensils for common drinking purposes.
(j) Do not allow cross connection between a system furnishing water for drinking
purposes and a non-potable supply.
(8) Bathing, hand washing, laundry, and toilet facilities General.
(a) Provide an adequate supply of hot and cold water under pressure for all common
use bathing, hand washing, and laundry facilities at all labor housing and related
facilities.
(b) In installations with bathing, laundry facilities, or flush toilets, the floor and walls
must be of readily cleanable finish and impervious to moisture.
(c) All common use bathing, hand washing, and laundry facilities must be clean,
sanitary and operating properly.
(d) Buildings for common use bathing, hand washing, laundry, and toilet facilities must
have heating capable of keeping the facility at 68 degrees or more during use.
(9) Bathing facilities.
(a) Provide drains in all showers to remove waste water. Slope floors so they drain. Do
not use slippery materials for flooring.
(b) Provide at least one shower head with hot and cold water under pressure for every
10 occupants or fraction thereof. Unisex shower rooms are acceptable in the same
ratios. They must have working locks and provide privacy.
(c) Separate common use bathing facilities used for both sexes in the same building
by a solid, non-absorbent wall extending from the floor to the ceiling.
(d) Mark separate sex bathing facilities, if provided, with “women” and “men” in English
and in the native language of employees expected to occupy the housing or with
easily understood pictures or symbols.
(10) Hand washing facilities.
(a) Provide at least one hand washing sink or basin with hot and cold water under
pressure for every 6 occupants or fraction thereof. Each 24 linear inches of
“trough” type sink with individual faucets counts as one basin. When each living
unit does not have hand washing facilities, locate common use facilities either
close to the toilet facilities or close to the sleeping places.
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(b) In common use facilities, do not use a single common towel. If you provide paper
towels, there must be a container for their disposal.
(11) Laundry facilities.
(a) Provide laundry trays, tubs, or machines with plumbed hot and cold water in the
combined ratio of 1 for each 30 occupants or each part of 30.
(b) Provide clothes lines or drying facilities to serve the needs of the occupants.
(c) Laundry rooms must have drains to remove waste water.
(d) Each common use laundry room must have a slop sink.
(12) Toilet facilities.
(a) Locate toilet facilities in labor housing and related facilities within 200 feet from the
living area that they serve.
(b) Locate toilets, chemical toilets, or urinals in rooms built for that purpose.
(c) Maintain a usable, unobstructed path or walkway free of weeds, debris, holes or
standing water from each living area to the common use toilet facilities.
(d) Provide at least one toilet for every 15 occupants or fraction thereof for each
gender in the labor housing. Toilets must assure privacy.
(A) If urinals are in the toilet facility and where three or more toilets are required
for men, one urinal substitutes for one toilet (24 inches of trough-type urinal
equals one urinal), to a maximum of one-third of the total required toilets.
(B) Existing urinals must be non-absorbent, non-corrosive materials that have a
smooth and cleanable finish. Urinals installed after the effective date of this
standard must meet Oregon state building code.
(C) If there are no common use toilet facilities, calculate the required ratio
without regard to gender.
(e) Clean common use toilet facilities daily or more often when needed to maintain
sanitation.
(f) Mark separate sex toilet facilities, when provided, with “women” and “men” in
English and in the native language of employees expected to occupy the housing
or with easily understood pictures or symbols.
(g) Ventilate all labor housing toilet rooms according to the Oregon state building
code.
(h) Separate common use toilet facilities used for both sexes in the same building by
a solid, non-absorbent wall extending from the floor to the ceiling.
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437-004-1120 (15)(c)
(i) Install privacy partitions between each individual toilet or toilet seat in multiple
toilet facilities. The partitions may be less than the height of the room walls.
(A) The top of the partition must be not less than 6 feet from the floor and the
bottom of the partition not more than 1-foot from the floor. The width of the
partition must extend at least 1 1/2 feet beyond the front of the toilet seat.
(B) Provide a door or curtain so the toilet compartment is private.
(j) Provide common use toilet facilities with toilet paper and holders or dispensers.
Also provide disposal containers with lids.
(k) Do not allow obstruction of the path or access to a toilet room. If access is through
another room, that room must not be lockable.
(13) Portable toilets, chemical toilets and privies.
(a) The location and construction of privies must conform to Oregon Department of
Environmental Quality standards.
(b) Privies must be at least 100 feet from any living area or any facility where food is
prepared or served.
(c) Portable toilets and privies must have adequate lighting.
(d) When in use, service portable and chemical toilets at least weekly or often enough
to keep them from becoming a health hazard. Clean portable toilets, chemical
toilets and privies at least daily.
(14) Sewage disposal and plumbing.
(a) Connect the sewer lines from the labor housing and related facilities to a
community sewer system, a septic tank with subsurface disposal of the effluent, pit
type privies or other sanitary means conforming to Department of Environmental
Quality standards.
(b) Install all plumbing in labor housing and related facilities to comply with
Department of Environmental Quality standards and the Oregon state building
code.
(15) Garbage and refuse disposal outside of buildings.
Note: Recyclable material is not garbage or refuse referred to in this section (15).
(a) Keep refuse and garbage containers clean and in good repair.
(b) Provide at least one 30-gallon or larger container per 15 occupants. Containers
must be inside the housing site area and accessible to all occupants.
(c) Empty garbage bins and dumpsters at least weekly during use, but always before
they become a health hazard or full enough to interfere with full closing of the lid.
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(d) Empty common use cans and portable containers into a bin or dumpster, when full
or twice weekly whichever is more frequent. Do not allow garbage on the ground.
(e) Keep all refuse and garbage containers covered and the garbage storage area
clean to control flies and rodents.
(f) Do not burn any food, garbage or wet refuse.
(g) Dispose of garbage and refuse according to Department of Environmental Quality
standards that govern the disposal of garbage, refuse and other solid wastes.
(16) Living areas.
(a) Keep all living areas, safe and in good repair structurally and stable on their
foundations. They must provide shelter for the occupants against the elements
and protect the occupants from ground and surface water as well as rodents and
insects.
(b) The walls and roof must be tight and solid. Floors must be rigid and durable, with a
smooth and cleanable finish in good repair.
(c) For living areas without a working permanent heating system or heaters, the ALH
operator must supply portable heaters at no cost to the occupant. These heaters
must be capable of keeping the temperature in the living area at a minimum of 68
degrees. Heaters must meet these requirements:
(A) Operate by electricity only.
(B) Have working safety devices installed by the manufacturer for the particular
type heater.
(C) Be in good working order with no defects or alterations that make them
unsafe.
(d) Permanently installed solid fuel or gas fired heaters must meet the following:
(A) Install and vent any stoves or other sources of heat that use combustible fuel
to prevent fire hazards and dangerous concentration of gases.
(i) Solid or liquid fuel heaters or stoves installed on or before December
15, 1989, must sit on a concrete slab, insulated metal sheet or other fire
resistant material when used in a room with wood or other combustible
flooring. Extend it at least 18 inches beyond the perimeter of the base
of the stove.
(ii) Solid or liquid fuel heaters or stoves must meet the manufacturer’s
specifications and the Oregon state building code in effect at the time of
installation.
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437-004-1120 (16)(j)
(B) Install fire resistant material on any wall or ceiling within 18 inches of a solid
or liquid fuel stove or a stove pipe. Provide a vented metal collar around the
stovepipe, or vent passing through a wall, ceiling, floor or roof or combustible
material.
(C) Heating systems with automatic controls must cut off the fuel supply on
failure or interruption of the flame or ignition, or when they exceed a pre-
determined safe temperature or pressure.
(D) All gas appliances and gas piping must comply with the Oregon state
building code in effect at time of installation and the manufacturer’s
instructions.
(E) Do not locate stoves so they block escape from a sleeping place.
(e) Provide screens of at least 16 mesh on the doors and windows of the living area.
All screen doors must be tight-fitting, in good repair, and self-closing.
(f) Provide beds, bunks or cots for each occupant and suitable storage facilities, such
as wall cabinets or shelves, for each occupant or family unit.
(A) The camp operator must provide a mattress or pad for each bed or bunk.
(B) If you provide foam pads, they must be thicker than 2 inches.
(C) Do not provide uncovered foam pads.
(D) Mattresses or pads must not sit on the floor.
(E) The sleeping surface must be at least 12 inches above the floor.
(g) Mattresses or pads furnished by the camp operator must be clean, in good repair,
and free from insects and parasites.
(A) Fumigate mattresses or pads, used uncovered, or treat with an effective
insecticide before each season’s occupancy. If you provide covers, clean
them before each season’s occupancy.
(B) Store mattresses or pads in a clean, dry place.
(h) Space the beds, bunks or cots so that there is enough room to allow for rapid and
safe exiting during an emergency.
Note: Do not count children 2 years old and younger when calculating square footage requirements
in paragraphs (i), (j), (k), and (l).
(i) In living areas built after August 1, 1975, where workers cook, live, and sleep,
provide at least 100 square feet per occupant.
(j) In living areas built before August 1, 1975, where workers cook, live and sleep,
provide at least 60 square feet per occupant.
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(k) Each sleeping room without double bunk beds must have at least 50 square feet
of floor space per employee. Where there are double bunk beds, provide 40
square feet per occupant. Do not use triple bunks.
(l) Beginning on January 1, 2018 all agricultural labor housing, where workers cook,
live and sleep in the same area, must provide 100 square feet per occupant.
(m) For units built after April 3, 1980 at least one-half the required floor space in each
living area must have a minimum ceiling height of 7 feet. Floor space with a ceiling
height less than 5 feet does not count toward the minimum required floor space.
(n) Beginning on January 1, 2018 only areas with a 7 foot ceiling height will count
toward the required square footage of any living or sleeping area. Housing built or
remodeled between January 26, 2009 and January 1, 2018 must have minimum 7-
foot high ceilings for the space to count toward any required square footage.
(o) Provide separate private sleeping areas for unrelated persons of each sex and for
each family unit.
(p) Provide windows or skylights with a total area equal to at least 10 percent of the
required floor area. At least one-half (nominal) the total required window or skylight
area must be openable to the outside. Adequate mechanical ventilation may
substitute for openable window space. Not more than one-half the required space
can be met with skylights. Openable, screened windows in doors count toward this
requirement.
(q) Before occupancy clean all living areas and eliminate any rodents, insects, and
animal parasites.
(17) Fire protection.
(a) All fires must be in equipment designed for that use. Do not allow open fires within
25 feet of structures.
(b) Each season, at the time of initial occupancy, each living area must have a
working approved smoke detector.
Note: The camp operator is not responsible for daily maintenance of the detector or the actions of
occupants that defeat its function.
(c) Provide fire extinguishing equipment in a readily accessible place, not more than
50 feet from each housing unit. The equipment must provide protection equal to a
2A:10BC rated extinguisher.
Note: Hoses are acceptable substitutes for extinguishers only if the water supply is constant and
reliable. Hoses must be immediately available for firefighting use.
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437-004-1120 (18)(a)(B)
(d) All living areas with more than one room, built before December 15, 1989, with
one door, must have, in addition to a door, a window in each sleeping room that
can be an exit in case of fire.
(A) This window must have an openable space at least 24 inches by 24 inches,
nominal.
(B) The lowest portion of the opening must be less than 48 inches above the
floor.
(C) This window must open directly to the outdoors and be readily openable by
the occupants from inside without breaking the glass.
(D) Label the escape window as an emergency exit.
(e) Living areas built on or after December 15, 1989, must meet the requirements for
emergency exits in applicable rules of the Building Codes Division of the Oregon
Department of Consumer and Business Services. Required emergency exit
windows in sleeping rooms must have a clear net opening of at least 5.7 square
feet, minimum vertical opening of 22 inches and minimum horizontal opening of 20
inches.
Note: Construct and maintain all living areas in labor housing and related facilities to comply with
other applicable local and state laws and regulations in effect at the time of construction or
remodel.
(f) A second story must have at least two exits when its occupant load is 10 or more.
Comply with the Oregon state building code.
(g) Occupants on floors above the second story and in basements must have access
to at least two separate exits from the floor or basement as required by the Oregon
state building code.
(18) Common use cooking and eating facilities and equipment.
(a) When provided, common use cooking or food preparation facilities or equipment
must have the following:
(A) A gas or electric refrigerator, capable of keeping food at or below 41 degrees
F.
(B) A minimum equivalent of two cooking burners for every 10 persons or part
thereof, or 2 families, whichever requires the most burners. If a gas or
electric hotplate or wood stove is within 18 inches of a wall, that wall must be
made of or finished with smooth cleanable, nonabsorbent, grease-resistant
and fire-resistant material.
Note: Labeled and listed appliances are exempt from the 18-inch requirement when installed
according to their listing.
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(C) No liquid petroleum gas (LPG like propane) tanks in use inside any occupied
building. Outside tanks must connect to appliances with lines approved for
that purpose.
(D) Food storage shelves, food preparation areas, food contact surfaces and
floors in food preparation and serving areas must be made of or finished with
smooth, non-absorbent, cleanable material; and
(E) A table and chairs or equivalent seating and eating arrangements to
accommodate the number of occupants living in the sleeping place.
(b) Refrigerators and stoves or hot plates must always be in working condition.
(c) Clean the facilities and equipment before each occupancy.
(d) Common use kitchen and dining areas must be separate from all sleeping
quarters. There can be no direct opening between kitchen or dining areas and any
living or sleeping area.
(e) If the operator becomes aware of or has reason to suspect that anybody
preparing, cooking or serving food has a communicable disease as listed in
paragraph (22), the operator must bar them from the cooking facility until the
disease is no longer communicable.
(f) Buildings must have heating capable of keeping the facility at 68 degrees or more
during use.
(g) Facilities must be in buildings or shelters. Doors, windows and openings, if any,
must have screens of 16 mesh or smaller.
(19) Dining halls and equipment.
(a) When provided, dining halls or equipment must have the following:
(A) A gas or electric refrigerator, capable of keeping food at or below 41 degrees
F.
(B) A minimum equivalent of two cooking burners for every 10 persons or part
thereof, 2 families, whichever requires the most burners. If a gas or electric
hotplate or wood stove is within 18 inches of a wall, that wall must be made
of or finished with smooth cleanable, nonabsorbent, grease-resistant and fire
resistant material.
Note: Labeled and listed appliances are exempt from the 18-inch requirement when installed
according to their listing.
(C) No liquid petroleum gas (LPG like propane) tanks in use inside any occupied
building. Outside tanks must connect to appliances with lines approved for
that purpose.
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437-004-1120 (20)(a)(C)
(D) Food storage shelves, food preparation areas, food contact surfaces and
floors in food preparation and serving areas must be made of or finished with
smooth, non-absorbent, cleanable material; and
(E) A table and chairs or equivalent seating and eating arrangements to
accommodate the number of occupants living in the sleeping place.
(b) Refrigerators and stoves or hot plates must always be in working condition.
(c) Clean the facilities and equipment before each occupancy.
(d) Common use kitchen and dining areas must be separate from all sleeping
quarters. There can be no direct opening between kitchen or dining areas and any
living or sleeping area.
(e) If the operator becomes aware of or has reason to suspect that anybody
preparing, cooking or serving food has a communicable disease as listed in
paragraph (22), the operator must bar them from the cooking facility until the
disease is no longer communicable.
(f) Buildings must have heating capable of keeping the facility at 68 degrees or more
during use.
(g) The facility must comply with the 2005 edition of the FDA Food Code.
Note: Follow Division 4, Agriculture when it differs from the FDA Food Code. The code is available
at: https://www.fda.gov/food/fda-food-code/food-code-2005 or contact the Oregon OSHA
Resource Center at 800-922-2689 or in Salem 503-378-3272.
(h) Facilities must be in buildings or shelters. Doors, windows and openings, if any,
must have screens of 16 mesh or smaller.
(20) Single unit cooking facilities.
(a) When provided, single unit cooking, eating and dining facilities or equipment must
have the following:
(A) A gas or electric refrigerator, capable of keeping food at or below 41 degrees
F.
(B) A minimum equivalent of two burners for cooking for every 10 persons or part
thereof, or 2 families, whichever requires the most burners. If a gas or
electric hotplate or wood stove is within 18 inches of a wall, that wall must be
made of or finished with smooth cleanable, nonabsorbent, grease-resistant
and fire resistant material.
Note: Labeled and listed appliances are exempt from the 18-inch requirement when installed
according to their listing.
(C) No liquid petroleum gas (LPG like propane) tanks in use inside. Outside
tanks must connect to appliances with lines approved for that purpose.
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(D) Food storage shelves, food preparation areas, food contact surfaces and
floors in food preparation and serving areas made of or finished with smooth,
non-absorbent, cleanable material.
(E) A table and chairs or equivalent seating and eating arrangements to
accommodate the number of occupants living in the sleeping place.
(F) A refrigerator and stove or hot plate in working condition.
(b) Clean the facilities before each occupancy.
(21) First aid. OAR 437-004-1305, Medical and First Aid, applies to all labor housing and
related facilities. This rule includes requirements for first aid supplies, an emergency
medical plan and a plan of communication.
Note: Division 4/K requires all employees know about the first aid requirements and emergency medical
plans. If employees’ native language is other than English, this must be taken into account in
meeting this requirement.
(22) Disease Reporting. The camp operator must comply with Oregon Health Authority’s
OAR 333-018-0000: Who Is Responsible for Reporting and OAR 333-018-0015: What
Is To Be Reported And When.
Note: Each Health Care Provider knowing of or attending a case or suspected case of any of the diseases,
infections, or conditions listed in OAR 333-018-0015 shall report such cases as specified. Where no
Health Care Provider is in attendance, any individual knowing of such a case shall report in a similar
manner.
Note: Human reportable diseases, infections, microorganisms, and conditions, and the time frames within
which they must be reported are as follows:
Immediately, day or night: Bacillus anthracis (anthrax); Clostridium botulinum (botulism);
Corynebacterium diphtheriae (diphtheria); Severe Acute Respiratory Syndrome (SARS) and
infection by SARS-coronavirus; Yersinia pestis (plague); intoxication caused by marine
microorganisms or their byproducts (for example, paralytic shellfish poisoning, domoic acid
intoxication, ciguatera, scombroid); any known or suspected common-source Outbreaks; any
Uncommon Illness of Potential Public Health Significance.
Within 24 hours (including weekends and holidays): Haemophilus influenzae (any invasive disease;
for laboratories, any isolation or identification from a normally sterile site); measles (rubeola);
Neisseria meningitidis (any invasive disease; for laboratories, any isolation or identification from a
normally sterile site); Pesticide Poisoning; poliomyelitis; rabies (human or animal); rubella; Vibrio (all
species).
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437-004-1120 (24)(e)(A)
Within one Local Public Health Authority working day: Bordetella pertussis (pertussis); Borrelia
(relapsing fever, Lyme disease); Brucella (brucellosis); Campylobacter (campylobacteriosis);
Chlamydophila (Chlamydia) psittaci (psittacosis); Chlamydia trachomatis (chlamydiosis;
lymphogranuloma venereum); Clostridium tetani (tetanus); Coxiella burnetii (Q fever); Creutzfeldt-
Jakob disease and other transmissible spongiform encephalopathies; Cryptosporidium
(cryptosporidiosis); Cyclospora cayetanensis (cyclosporosis); Escherichia coli (Shiga-toxigenic,
including E. coli O157 and other serogroups); Francisella tularensis (tularemia); Giardia (giardiasis);
Haemophilus ducreyi (chancroid); hantavirus; hepatitis A; hepatitis B (acute or chronic infection);
hepatitis C; hepatitis D (delta); HIV infection (does not apply to anonymous testing) and AIDS;
Legionella (legionellosis); Leptospira (leptospirosis); Listeria monocytogenes (listeriosis); mumps;
Mycobacterium tuberculosis and M. bovis (tuberculosis); Neisseria gonorrhoeae (gonococcal
infections); pelvic inflammatory disease (acute, non-gonococcal); Plasmodium (malaria); Rickettsia
(all species: Rocky Mountain spotted fever, typhus, others); Salmonella (salmonellosis, including
typhoid); Shigella (shigellosis); Taenia solium (including cysticercosis and undifferentiated Taenia
infections); Treponema pallidum (syphilis); Trichinella (trichinosis); Yersinia (other than pestis); any
infection that is typically arthropod vector-borne (for example: Western equine encephalitis, Eastern
equine encephalitis, St. Louis encephalitis, dengue, West Nile fever, yellow fever, California
encephalitis, ehrlichiosis, babesiosis, Kyasanur Forest disease, Colorado tick fever, etc.); human
bites by any other mammal; CD4 cell count < 200/_l (mm
3
) or CD4 proportion of total lymphocytes <
14%; hemolytic uremic syndrome.
Within 7 days: Suspected Lead Poisoning (for laboratories; this includes all blood lead tests
performed on persons with suspected lead poisoning).
(23) Access to ORS and OAR. Those wishing access to any of the Oregon Revised Statutes
(ORS) or Oregon Administrative Rules (OAR) referenced here, may contact the Oregon
OSHA Resource Center in Salem or the nearest Oregon OSHA Field Office.
(24) Closure and alternative housing.
(a) The operator of agricultural labor housing must provide replacement lodging
without charge to the occupants if a government agency with the authority to
enforce building, health or safety standards declares the housing or facilities to be
uninhabitable and orders them vacated.
(b) The operator must provide replacement lodging for 7 consecutive days from the
time the housing was closed or until the closing agency allows the original housing
to reopen, whichever is shorter.
(c) Replacement lodging must meet or exceed the health and safety standards of
Oregon OSHA. Oregon OSHA must approve the location of the replacement
housing before employees are sent to it.
(d) Operators must arrange for replacement lodging not later than the end of the day
the original housing closes or another date designated by the closing agency.
(e) Post the address of the replacement housing:
(A) Not later than the end of the day the original housing closes.
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(B) In a place convenient to affected workers.
(C) In all languages spoken by the occupants.
(f) The posting in (e) above must state that the replacement housing is free to
occupants of the closed housing.
(g) The operator must give Oregon OSHA a list of names of the occupants and the
location of the replacement housing, for each.
(h) When the cause of the closure is beyond the control of the agricultural labor
housing operator, sections (a), (b), (c), (d), (e) and (g) above do not apply. To
determine whether the cause of closure was beyond the control of the operator,
Oregon OSHA will consider these circumstances, including but not limited to:
(A) Whether the cause of the closure is a natural disaster;
(B) Whether the circumstances leading to the closure were known or should
have been known to the operator;
(C) Whether operator diligence could have avoided the circumstances leading to
the closure.
(i) Agricultural labor housing occupants entitled to temporary replacement housing
under this rule must accept or reject that housing when the original housing
closes. These rules do not obligate operators to reimburse displaced occupants for
housing they obtain without the operator’s knowledge or consent. The operator is
responsible for replacement lodging only for as many people as occupied the
original closed housing. When an occupant rejects the replacement housing, the
operator has no obligation to reimburse that occupant for other replacement
housing.
(j) Oregon OSHA may issue a citation and assess a monetary penalty for violation of
these rules as in ORS 654.071 and 654.086.
(25) Heat Illness Prevention in Labor Housing.
(a) Cooling Areas. If rooms where people sleep are not able to maintain an indoor
temperature of 78 degrees Fahrenheit or less (using air conditioners, evaporative
coolers, air purifiers with coolers, or other reliable means), employers must provide
an area(s) for occupants to cool off whenever the heat index outside the housing
units is at or above 80 degrees Fahrenheit. The cooling area(s) must be large
enough to allow use by at least 50 percent of the occupants at the labor housing at
any one time and must use either or any combination of the following two
approaches:
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437-004-1120 (25)(c)
(A) Giving occupants continual access to one or more common rooms that are
maintained at or a below a temperature of 78 degrees Fahrenheit (using air
conditioners, evaporative coolers, air purifiers with coolers, or other reliable
means). This can be done by making use of existing common rooms,
otherwise unused housing units, or other available indoor spaces that do not
present additional risks to the occupants.
(B) Giving occupants continual access to outdoor rest areas (located away from
work areas or activities that could create a hazard). The rest areas must:
(i) Be shaded by any natural or artificial means, so that occupants can sit
or stand in a normal posture fully in the shade;
(ii) Provide water misters, cooling vests, cooling towels, or equally effective
means of relief. If relying upon items that can only be used by one
individual at a time, enough must be provided to satisfy the 50 percent
requirement and they must not be shared without being washed; and
(iii) Locate available chairs, benches, and other seating in a manner that
encourages use.
Note: Although employers are permitted to use either or any combination of the approaches
listed in (A) and (B), they are encouraged to provide at least some of the required space
using the methods listed in (A).
(b) Minimizing Heat in Housing Units. If rooms where people sleep are not able to
maintain an indoor temperature of 78 degrees Fahrenheit or less (using air
conditioners, evaporative coolers, air purifiers with coolers, or other reliable
means), employers must take the following steps
(A) Optimize the ability to keep housing cool by ensuring that windows can be
protected from direct sunlight in a manner that minimizes radiant heat during
all hours of the day, whether using natural or artificial shade, the provision of
window coverings must deflect the sun and not simply absorb the heat, or
other equally effective measures. Such measures must not interfere with the
ability to open and close windows or create another hazard; and
(B) Make fans available at no cost for any housing occupants who wish to use
them.
(c) Temperature Awareness. To ensure that housing occupants can remain aware of
the effects of heat on the indoor environment, both immediately and on an ongoing
basis, employers must provide a thermometer that displays the temperature in
both Fahrenheit and Celsius in each individual housing unit. Employers are
encouraged, but not required, to provide a device that also measures humidity.
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(d) Employee and Occupant Information. In addition to ensuring that employees have
received the training required by OAR 437-004-1131(9), the employer must
display the “Heat Risks in Housing” poster provided by Oregon OSHA in one or
more prominent locations that housing occupants would normally see and must
add the necessary emergency contact information to the poster, allowing housing
occupants to contact emergency services as necessary.
(e) Access to Emergency Services. Employers must ensure that occupants always
have access to a working telephone that can be used to contact emergency
services. An electronic device, such as a cell phone, may be used for this purpose
only if reception in the area is reliable.
Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295, ORS 658.750, 658.755, 658.780, 658.785, 658.790, 658.805
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
OSHA 5-2000, adopt filed 05/18/2000, effective 06/01/2000
OSHA 4-2008, adopt filed 03/24/2008, effective 05/01/2008
OSHA 1-2009, adopt filed 01/26/2009, effective 01/26/2009
OSHA 8-2021, temporary filed 08/02/2021, effective 08/09/2021 through 02/04/2022
OSHA 3-2022, adopt filed 05/09/2022, effective 06/15/2022
437-004-1131 Heat Illness Prevention
(1) Scope and application. This standard applies whenever an employee performs work
activities, whether in indoor or outdoor environments, where the heat index (apparent
temperature) equals or exceeds 80 degrees Fahrenheit.
Note: When another applicable standard addresses other hazards that may be present, employers must
comply with the requirements of that standard and this standard. Where the requirements of one
standard are more protective than another for the same hazard, employers must follow the
requirements that provide the higher level of employee protection.
(a) The following workplaces and operations are exempt from the requirements of this
standard.
(A) Incidental heat exposures where an employee is not required to perform
work activities for more than 15 minutes in any sixty-minute period.
(B) Exposures to heat generated from the work process such as occurs in
bakeries is not subject to this standard. In such cases, employers must
follow the requirements of OAR 437-002-0144(2).
(C) All emergency operations that are directly involved in the protection of life or
property, or the restoration of essential services, such as evacuation, rescue,
medical, structural firefighting, law enforcement, utilities, and
communications, when employees are engaged in those operations.
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437-004-1131 (2)(e)
(D) Buildings and structures that have a mechanical ventilation system that
keeps the heat index below 80 degrees Fahrenheit.
(b) The following workplaces and operations are partially exempt from certain
requirements of this standard.
(A) Employers whose employees perform either “rest” or “light” workloads, as
defined in Table 1.1 of Appendix A: Mandatory Information for Heat Illness
Prevention, are exempt from the requirements of sections (3) through (10)
only when the heat index is less than 90 degrees Fahrenheit.
(B) Associated support activities for wildland firefighters, such as fire camp
services and fire management, are exempt only from the requirements of
section (7).
(C) Employees who work from home are subject only to the training
requirements in sections (9) and (10).
(2) Definitions.
(a) Acclimatization - Temporary adaptation of the body to work in the heat that
occurs gradually when a person is exposed to it. Acclimatization peaks in most
people within seven to fourteen days of regular work for at least two hours per day
in the heat. This time frame applies to fit individuals with no underlying medical
conditions.
(b) Drinking water - Potable water that is suitable to drink and that is cool (66 °F 77
°F) or cold (35 °F 65 °F).
(c) Heat Illnesses - Medical conditions resulting from the body's inability to cope with
a particular heat load, and includes heat cramps, heat exhaustion, heat syncope,
and heat stroke.
(d) Shade - Blockage of direct sunlight is shade. One indicator that blockage is
sufficient is when objects do not cast a shadow in the area of blocked sunlight.
Shade is not sufficient when heat in the area of shade defeats the purpose of
shade, which is to allow the body to cool. For example, a car sitting in the sun
does not provide acceptable shade to a person inside it, unless the car is running
with working air conditioning. Shade may be provided by any natural or artificial
means that does not expose employees to unsafe or unhealthy conditions, and
that does not deter or discourage access or use.
(e) Temperature-controlled environment an indoor setting where the temperature
is maintained with a mechanical cooling system.
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(3) Access to shade. Establish and maintain one or more shade areas that are immediately
and readily available to exposed employees that are outdoors when the heat index in
the work area equals or exceeds 80 degrees Fahrenheit. The shade areas must meet
the following criteria:
(a) The shade area must either be open to the outside air (at least three open sides)
or provide mechanical ventilation for cooling.
(b) The amount of shade present must be at least enough to accommodate the
number of employees on recovery or rest period, so that they can sit in a normal
posture fully in the shade. Employees must remove any PPE that retains heat,
such as chemical resistant suits, during recovery and rest periods.
(c) The shade must be located as close as practical to the areas where employees
are working.
(d) Shade present during meal periods must be large enough to accommodate the
number of employees on the meal period that remain onsite.
(e) If trees or other vegetation are used to provide shade, such as in orchards or
forests, the thickness and shape of the shaded area must provide sufficient
shadow to protect employees.
Exception: When the employer can demonstrate that providing access to shade is not safe or it
interferes with the ability of employers and employees to complete the necessary work in a
particular situation, for example, during high winds or when an employee is walking through
range land, employers must identify and implement alternative cooling measures that provide
equivalent protection such as providing cooling vests (either with fans or ice packs), water-
dampened cotton clothing, or similar effective measures. The Heat Illness Prevention Plan
under section (8) must include the use, care, and maintenance of the alternative cooling
methods, in writing.
(4) Drinking water. Ensure that a sufficient supply of drinking water is immediately and
readily available to exposed employees at all times, at no cost, when the heat index in
the work area equals or exceeds 80 degrees Fahrenheit.
(a) Supplied drinking water must be either cool or cold, see subsection (2)(b).
(b) Supply each employee with enough drinking water to enable them to consume up
to 32 ounces per hour. Employers are not required to supply the entire quantity of
drinking water needed for all employees on a full shift at the beginning of the shift.
Employers may begin the shift with smaller quantities of drinking water when
effective procedures are established to replenish the water consumed during the
shift.
(c) Employees must have ample opportunity to drink water required under this
section.
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437-004-1131 (5)(d)(C)
Note: Drinking water packaged as a consumer product and electrolyte-replenishing beverages that
do not contain caffeine (for example, sports drinks) are acceptable substitutes, but should not
completely replace required water supplies.
(5) High-heat practices. When engineering controls (such as fans or air conditioning) and
administrative controls (such as scheduling work during the cooler part of the day or
limiting an employee’s exposure) do not reduce an employee’s exposure to a heat index
of less than 90 degrees Fahrenheit, implement and maintain high-heat practices and
procedures by following subsections (5)(a) through (e) below.
(a) Communication must occur in a language and vocabulary readily understood by all
employees, by voice, electronic, or other equally-effective means, so that
employees at the worksite can contact a supervisor at any time, when necessary.
An electronic device, such as a cell phone, may be used for this purpose only if
reception in the area is constant and reliable.
(b) Implement one or more of the following to promptly identify any employee
suspected of experiencing heat-related illness:
(A) Regular communication with employees working alone, such as by radio,
cellular phone, or other alternative means;
(B) Create a mandatory buddy system; or
(C) Implement other equally-effective means of observation or communication.
(c) Designate and equip one or more employees at each worksite as authorized to
call for emergency medical services, and allow other employees to call for
emergency services when designated employees are not immediately available;
such a practice supplements existing requirement to ensure that emergency
medical care is immediately available in all workplaces, as required by OAR 437-
004-1305(4).
(d) When employees work in buildings and structures that do not have a mechanical
ventilation system, employers must:
(A) Directly measure the temperature and humidity in these places at the same
time and location when occupied by employees to determine the current
indoor heat index;
(B) Use the National Institute for Occupational Safety and Health’s (NIOSH) Heat
Safety Tool app to determine the heat index outside of the building or
structure and assume that it is the same inside (See section 2 in Appendix A:
Mandatory Information for Heat Illness Prevention); or
(C) If the structure is designed or otherwise known to be affected by outdoor
humidity, for example, hoop houses and greenhouses in nursery operations,
the employer must measure and use the actual humidity inside the structure.
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(e) Develop and implement a written heat illness prevention rest break schedule that
protects employees exposed to a heat index equal to or greater than 90 degrees
Fahrenheit. Employers must choose and implement only one of the three options;
choose either (A), (B), or (C) as described below.
Note: The purpose of the heat illness prevention rest breaks is to allow the body to cool down and
recover from working when the heat index equals or is greater than 90 degrees Fahrenheit.
Note: Option (A) allows an employer to implement a self-designed schedule by building on a
minimum rest break schedule using four specified elements. Option (B) allows an employer to
implement a schedule by using an example heat illness prevention plan designed by NIOSH.
Option (C) allows an employer to implement a schedule by using a simplified schedule
designed by Oregon OSHA and based on a high-heat scenario in the NIOSH plan.
(A) Employer-designed heat illness prevention rest break schedule: Implement a
written employer-specific, heat illness prevention rest break schedule using
the minimum rest break durations and intervals in Table 1. Employers must
protect employees from heat illness by integrating the elements in
subsections (i) through (iv) into to their heat illness prevention rest break
schedule, which may increase the duration or interval of the rest break
beyond the minimum requirements to be protective.
(i) The effect of personal protective equipment (PPE) on the body’s ability
to retain heat;
(ii) The effect of the type of work clothing on the body’s ability to retain
heat;
(iii) Relative humidity, whether work activities are indoors or outdoors; and
(iv) The intensity of the work being performed.
Note: Employers should consider the effect of exposure to direct sunlight when developing
employer-specific heat illness prevention rest break schedule.
Table 1 - Minimum employer-designed heat illness prevention rest break schedule, upon which subsections (i)
through iv) must be applied:
Heat index (°F)
Rest break durations and intervals
90 or greater
10 minutes every two hours
100 or greater
15 minutes every hour
(B) NIOSH work/rest schedule: Implement a written heat illness prevention rest
break schedule using the information found in section 3 of Appendix A:
Mandatory Information for Heat Illness Prevention based on NIOSH
recommendations.
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437-004-1131 (7)(a)
Note: The NIOSH work/rest schedule uses unadjusted ambient temperatures (in degrees
Fahrenheit), and employers must follow the instructions underneath Table 3.1 in
Appendix A: Mandatory Information for Heat Illness Prevention. Employers must be
aware that different work/rest schedules exist for those wearing chemical-resistant suits;
see Table 3.2 in Appendix A: Mandatory Information for Heat Illness Prevention.
(C) Simplified heat illness prevention rest break schedule: Implement a written
simplified heat illness prevention rest break schedule using Table 2.
Table 2 - Minimum simplified rest break schedule:
Heat index (°F)
Rest break durations and intervals
90 or greater
10 minutes every two hours
95 or greater
20 minutes every hour
100 or greater
30 minutes every hour
105 or greater
40 minutes every hour
Note: The Table 2 heat illness prevention rest break schedule is only required during the
specified heat index.
(f) The heat illness prevention rest breaks under subsection (5)(e) are only required
during the specified heat index, and may be provided concurrently with any other
meal or rest period required by policy, rule or law if the timing of the preventative
rest break coincides with the otherwise required meal or rest period. However, the
heat illness prevention rest break must be calculated using only the time spent in
the shade and when employees are not performing work other than “rest” or “light”
work. The requirement for heat illness prevention rest breaks does not prohibit
“rest” or “light” work-related activities conducted in a temperature-controlled
environment, such as paperwork, at the discretion of the employee.
(g) Except when the heat illness prevention rest breaks coincide with the existing
unpaid meal break, the heat illness prevention rest break is a work assignment.
Heat illness prevention rest breaks are only required during the time of the shift
that the heat index equals or exceeds 90 degrees Fahrenheit.
(6) Emergency medical plan. The employer’s Emergency Medical Plan must address
employee exposure to excessive heat, in accordance with OAR 437-004-1305(4).
These plans must address the types medical situations that employees could
encounter, including those conditions relating to excessive heat exposure.
(7) Acclimatization plan. Develop and implement an acclimatization plan and procedures in
writing. Employers must choose between two options, either (a) or (b) as described
below, and implement the chosen plan.
(a) Employer-designed acclimatization plan option: Employers who develop their own
acclimatization plan must integrate and implement the following factors into their
program:
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(A) Acclimated and unacclimated workers;
(B) The effects of clothing and personal protective equipment on adding to the
heat burden of workers;
(C) The personal and environmental risk factors that put workers at a higher risk
of heat-related illness;
(D) Re-acclimatizing workers as necessary, either due to changes in the weather
or a worker spending more than seven days away from the job; and
(E) The use and maintenance of auxiliary cooling systems such as water-cooled
garments, air-cooled garments, cooling vests, and wetted overgarments.
(b) NIOSH acclimatization plan option: Employers that choose not to develop their
own acclimatization plan must follow the acclimatization plan developed by the
Centers for Disease Control and Prevention and NIOSH; see section 4, Appendix
A: Mandatory Information for Heat Illness Prevention.
Note: Based upon the variable weather patterns across the state, Oregon OSHA recognizes that
there is no “one-size-fits-all” acclimatization plan. Employers should be aware that
acclimatization to heat takes longer for unfit individuals compared to fit individuals.
Note: Employers should consider the effect of exposure to direct sunlight when developing their
acclimatization plan.
(8) Heat illness prevention plan. Develop, implement, and maintain an effective heat illness
prevention plan in writing. The plan must be made available at the worksite to
employees and to Oregon OSHA upon request. The plan must contain at least the
following information:
(a) How employees will be trained on the hazards of heat exposure and the necessary
steps to prevent heat-related illnesses;
(b) How to recognize the symptoms of dehydration, and how to respond to suspected
heat-related illnesses in others;
(c) How sufficient amounts of cool, potable water in work areas will be provided;
(d) How employees will be provided frequent opportunities and encouragement to
stay hydrated by drinking water;
(e) How employees will be provided sufficient space to rest in a shaded area or cool
climate-controlled area, and where heat-affected employees may cool off and
recover when signs and symptoms of heat-related illnesses are recognized;
(f) How the employer will implement the heat illness prevention rest break schedule
when necessary to keep employees safe; and
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437-004-1131 (9)(g)
(g) How the employer will implement heat acclimatization procedures for new
employees or employees returning to work from extended absences of seven or
more days.
(9) Supervisor and employee training. Provide heat illness prevention training to all
employees, including new employees, supervisory and non-supervisory employees in a
language and vocabulary readily understood, and in a manner that facilitates employee
feedback. Such training must be provided annually before employees begin work that
should reasonably be anticipated to expose them to the risk of heat illness, and include
at least the following:
(a) The environmental and personal risk factors (for example, chronic obstructive
pulmonary disease, asthma, kidney disease, obesity, etc.) for heat illness that may
limit an individual’s tolerance to excessive heat, as well as the added burden of
heat load on the body caused by exertion, clothing (See section 5 in Appendix A:
Mandatory Information for Heat Illness Prevention), and personal protective
equipment;
(b) The employer's procedures for complying with the requirements of this standard,
including, but not limited to, the employer's responsibility to provide water, heat
index information (including the risks to experiencing a heat-related illness),
shade, preventative rest breaks, and access to first aid, as well as how employees
can exercise their rights under this standard without fear of retaliation;
(c) The importance of frequent consumption of small quantities of water, up to 32
ounces per hour, when the work environment is hot and employees are likely to be
sweating more than usual in the performance of their duties;
(d) The concept, importance, and methods of the acclimatization plan pursuant to the
employer's procedures under section (8);
(e) The different types of heat illness, the common signs and symptoms of heat
illness, and the appropriate first aid and emergency response to the different types
of heat illness, including how heat illness may progress quickly from mild signs
and symptoms to a serious and life-threatening condition;
(f) The importance for employees to immediately report to the employer, directly or
through the employee's supervisor, signs and symptoms of heat illness in
themselves or in others; and
(g) The effects of nonoccupational factors (drugs, alcohol, obesity, etc.) on tolerance
to occupational heat stress.
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(10) Training documentation. Verify compliance with section (9) by preparing and
maintaining written or electronic training records that can be provided to Oregon OSHA
upon request. Such records must contain the name or identification of each employee
trained, the date(s) of the training, and the name of the person who conducted the
training. The most recent annual training record for each affected employee must be
maintained.
Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 3-2022, adopt filed 05/09/2022, effective 06/15/2022
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Appendix A - Mandatory Information for Heat Illness Prevention
To protect the health and safety of employees from heat-related illnesses, employers should
consider using the resources in this appendix. Please note that some resources may use
temperatures in Celsius instead of Fahrenheit. To convert to degrees Fahrenheit, use this
formula: Fahrenheit (°F) = (Celsius x 1.8) + 32
1. Most heat-related illnesses affect workers who do strenuous physical activity. When
workers engage in intense work, their bodies create heat. This "metabolic" heat
combines with environmental heat (from temperature, sunlight, humidity, etc.) so
workers' core temperature can rise to dangerous levels. To prevent a hazardous
combination of environmental and metabolic heat, employers should be aware of
workers' activity level.
Workload can be classified as rest, light, moderate, heavy, or very heavy.
Light: Sitting or standing with minimal arm and leg work.
Moderate: Continuous modest intensity, such as light pushing/pulling or normal
walking.
Heavy: Intense upper body work such as carrying loads or sawing.
Very heavy: Intense activity at an almost maximum pace.
Table 1.1 Metabolic Heat and Workload (Physical Activity Level)
Level of Workload /
Physical Activity *
Examples
Metabolic Rate in Watts,
“typicalrecognizing that different
ways of doing the same task
may lead to dramatically different
wattage
Rest
Sitting
Thinking
115
Light
Sitting with minimal hand and arm work
Sewing
Writing or drawing
Driving a car
Occasional or slow walking
Stooping, crouching, or kneeling
Standing watch
180
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437-004-1131 Appendix A
Level of Workload /
Physical Activity *
Examples
Metabolic Rate in Watts,
“typicalrecognizing that different
ways of doing the same task
may lead to dramatically different
wattage
Moderate
Pushing and pulling light carts
Hammering nails
Picking fruit or vegetables
Continuous normal walking
Driving or operating mobile equipment
Raking
Mopping or vacuuming floors
Scraping, painting, or plastering
Laundry/dry cleaning
Tapping and drilling
Machining
Molding
Packaging
Laboratory work
Cooking
General carpentry
Using hand tools
Light pushing/pulling or normal walking.
300
Heavy
Intense arm and trunk work
Carrying loads
Shoveling
Sawing or heavy carpentry
Roofing
Pushing and pulling heavy carts or
wheelbarrows
Fast walking (> 4 mph)
Landscaping
Casting
Manual raising and lowering loads
Stacking lumber
Truck and automobile repair
Waxing and buffing by hand
Welding
Heavy item assembly
Grinding and cutting
Drilling rock or concrete
Mixing cement
Felling trees
415
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Level of Workload /
Physical Activity *
Examples
Metabolic Rate in Watts,
“typicalrecognizing that different
ways of doing the same task
may lead to dramatically different
wattage
Very heavy
Any activity done at near maximum pace
Climbing stairs, ladder, or ramp
Using an axe
Intense shoveling or digging
Sledgehammer use
Stacking concrete
Brick or stone masonry
520
* Workers who are overweight or obese might produce more metabolic heat than other workers who
perform the same tasks. The above table assumes a 70-kg (154-pound) worker.
Table 1.1 is copied from federal OSHA’s guidance on Heat Hazard recognition, which can be accessed at:
https://www.osha.gov/heat-exposure/hazards under the Metabolic Heat and Workload (Physical
Activity Level) tab
2. The OSHA-NIOSH Heat Safety Tool app is a useful resource for planning outdoor work
activities based on how hot it feels throughout the day. It features real-time heat index
and hourly forecasts specific to your location, as well as occupational safety and health
recommendations from OSHA and NIOSH. It can be accessed and downloaded at:
https://www.osha.gov/heat/heat-app
3. NIOSH Work/rest schedules.
A. Table 3.1. Work/rest schedules for workers wearing normal work clothing*
Adjusted
temperature (°F)†
Light work
(minutes work/rest)
Moderate work
(minutes work/rest)
Heavy work
(minutes work/rest)
90
Normal
Normal
Normal
91
Normal
Normal
Normal
92
Normal
Normal
Normal
93
Normal
Normal
Normal
94
Normal
Normal
Normal
95
Normal
Normal
45/15
96
Normal
Normal
45/15
97
Normal
Normal
40/20
98
Normal
Normal
35/25
99
Normal
Normal
35/25
100
Normal
45/15
30/30
101
Normal
40/20
30/30
102
Normal
35/25
25/35
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437-004-1131 Appendix A
Adjusted
temperature (°F)
Light work
(minutes work/rest)
Moderate work
(minutes work/rest)
Heavy work
(minutes work/rest)
103
Normal
30/30
20/40
104
Normal
30/30
20/40
105
Normal
25/35
15/45
106
45/15
20/40
Caution‡
107
40/20
15/45
Caution‡
108
35/25
Caution‡
Caution‡
109
30/30
Caution‡
Caution‡
110
15/45
Caution‡
Caution‡
111
Caution‡
Caution‡
Caution‡
112
Caution‡
Caution‡
Caution‡
* With the assumption that workers are physically fit, well-rested, fully hydrated, under age 40, and have
adequate water intake and that there is 30% RH [relative humidity] and natural ventilation with
perceptible air movement.
Note: Adjust the temperature reading as follows before going to the temperature column in the table:
Full sun (no clouds): Add 13°
Partly cloudy/overcast: Add 7°
No shadows visible/work is in the shade or at night: no adjustment
Per relative humidity:
10%: Subtract 8°
20%: Subtract 4°
30%: No adjustment
40%: Add
50%: Add
60%: Add
High levels of heat stress; consider rescheduling activities.
Adapted from EPA [1993]
Table 3.1 above is copied from the following publication; see page 76 in NIOSH [2016]. NIOSH criteria
for a recommended standard: occupational exposure to heat and hot environments. By Jacklitsch B,
Williams WJ, Musolin K, Coca A, Kim J-H, Turner N. Cincinnati, OH: U.S. Department of Health and
Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety
and Health, DHHS (NIOSH) Publication 2016-106.
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B. Table 3.2 Work/rest schedules for those wearing chemical resistant suits.
Air Temperature (°F)
75
80
85
90
95
Light work
Full sun
Normal
30/30
15/45
Caution§
Stop work
Partly cloudy
Normal
Normal
40/20
15/45
Stop work
No sun†
Normal
Normal
Normal
40/20
14/45
Moderate work
Full sun
Normal
20/40
10/50
Caution§
Stop work
Partly cloudy
Normal
Normal
25/35
Caution§
Stop work
No sun†
Normal
Normal
Normal
25/35
Stop work
Heavy work
Full sun
35/25‡
10/50
Caution§
Stop work
Stop work
Partly cloudy
Normal
40/20
15/45
Caution§
Stop work
No sun†
Normal
Normal
40/20
15/45
Stop work
* With the assumption that workers are heat-acclimatized, under the age of 40, physically fit, well-rested,
fully hydrated, and wearing Tyvek coveralls, gloves, boots, and a respirator. Cooling vests may enable
workers to work for longer periods. Adjustments must be made when additional protective gear is worn.
No shadows are visible or work is in the shade or at night.
35 minutes work and 25 minutes rest each hour.
§ High levels of heat stress; consider rescheduling activities.
Adapted from EPA [1993]
Table 3.2 above is copied from the following publication; see page 77 in NIOSH [2016]. NIOSH criteria
for a recommended standard: occupational exposure to heat and hot environments. By Jacklitsch B,
Williams WJ, Musolin K, Coca A, Kim J-H, Turner N. Cincinnati, OH: U.S. Department of Health and
Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety
and Health, DHHS (NIOSH) Publication 2016-106.
4. Acclimatization.
Table 4.1 Acclimatization in workers
Topics
Additional information
Disadvantages of
being
unacclimatized
Readily show signs of heat stress when exposed to hot environments.
Difficulty replacing all of the water lost in sweat.
Failure to replace the water lost will slow or prevent acclimatization.
Benefits of
acclimatization
Increased sweating efficiency (earlier onset of sweating, greater sweat
production, and reduced electrolyte loss in sweat).
Stabilization of the circulation.
Work is performed with lower core temperature and heart rate.
Increased skin blood flow at a given core temperature.
Acclimatization
plan
Gradually increase exposure time in hot environmental conditions over a period of 7
to 14 days.
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437-004-1131 Appendix A
For new workers, the schedule should be no more than 20% of the usual duration of
work in the hot environment on day 1 and a no more than 20% increase on each
additional day.
For workers who have had previous experience with the job, the acclimatization
regimen should be no more than 50% of the usual duration of work in the hot
environment on day 1, 60% on day 2, 80% on day 3, and 100% on day 4.
The time required for non–physically fit individuals to develop acclimatization is
about 50% greater than for the physically fit.
Level of
acclimatization
Relative to the initial level of physical fitness and the total heat stress experienced
by the individual.
Maintaining
acclimatization
Can be maintained for a few days of non-heat exposure.
Absence from work in the heat for a week or more results in a significant loss in the
beneficial adaptations leading to an increased likelihood of acute dehydration,
illness, or fatigue.
Can be regained in 2 to 3 days upon return to a hot job.
Appears to be better maintained by those who are physically fit.
Seasonal shifts in temperatures may result in difficulties.
Working in hot, humid environments provides adaptive benefits that also apply in
hot, desert environments, and vice versa.
Air conditioning will not affect acclimatization.
Adapted from [Moseley 1994; Armstrong and Stoppani 2002; DOD 2003; Casa et al. 2009; ACGIH 2014;
OSHA-NIOSH 2011].
Table 4.1 above is copied from the following publication; see page 34. NIOSH [2016]. NIOSH criteria for a
recommended standard: occupational exposure to heat and hot environments. By Jacklitsch B, Williams
WJ, Musolin K, Coca A, Kim J-H, Turner N. Cincinnati, OH: U.S. Department of Health and Human
Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and
Health, DHHS (NIOSH) Publication 2016-106.
5. Clothing adjustment factors.
Table 5.1 Clothing adjustment factors exist for various types of clothing.
Clothing adjustment factors (°C−WBGT)
Clothing
Previous
2006
Work clothing (baseline)
0
0
Cloth coveralls
3.5
0
Double-layer cloth clothing
5
3
Spunbound melt-blown synthetic (SMS) coveralls
-
0.5
Polyolefin coveralls
-
1
Limited-use vapor-barrier coveralls
-
11
Adapted from Bernard TE, Threshold Limit Values for Physical Agents Committee, ACGIH [2014].
Table 5.1 above is copied from the following publication; see page 19. NIOSH [2016]. NIOSH criteria for a
recommended standard: occupational exposure to heat and hot environments. By Jacklitsch B,
Williams WJ, Musolin K, Coca A, Kim J-H, Turner N. Cincinnati, OH: U.S. Department of Health and
Human Services, Centers for Disease Control and Prevention, National Institute for Occupational
Safety and Health, DHHS (NIOSH) Publication 2016-106.
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437-004-1140 Lighting
(1) General lighting.
(a) Provide adequate general and local lighting in rooms, buildings and work areas.
(b) Methods for determining the adequacy and effectiveness of lighting include:
(A) Measure the quantity of light against requirements in the American National
Standard ANSI A11.1-1965, “American Standard Practice for Industrial
Lighting.”
(B) The quality of light as to freedom from glare and correct direction, diffusion
and distribution.
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
437-004-1150 Safety Colors for Marking Physical Hazards
(1) Color identification.
(a) Red. Use red as the basic color to identify:
(A) Danger. Safety cans or other portable containers of flammable liquids must
be red with highly contrasting markings. Provide red lights at barricades and
at temporary obstructions. The main or background color of danger signs
must be red.
(B) Stop. Emergency stop bars on hazardous machines must be red. Use red for
emergency stop buttons or emergency electrical switches with contrasting
letters or other markings.
(b) Yellow. Yellow is the basic color to signal caution and to mark physical hazards
such as: Striking against, stumbling, falling, tripping, and “caught between.”
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
437-004-1180 Accident Prevention Signs
(1) Scope. This section applies to the design, application and use of signs or symbols (as
included in paragraphs (3) through (5) below) to warn of specific hazards. This does not
apply to bulletin boards or safety posters.
(2) Definitions.
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437-004-1180 (4)(e)(A)
Sign A surface marked to warn people of hazards, or to give safety instructions.
Excluded are news releases, safety posters and bulletins.
(3) Classification of signs by use.
(a) Danger signs.
(A) Use signs of uniform design to warn of specific dangers and radiation
hazards.
(B) Instruct all employees that danger signs warn of immediate danger and that
special precautions are necessary.
(b) Caution signs.
(A) Use caution signs only to warn of hazards or to caution against unsafe
practices.
(B) Instruct all employees that caution signs warn of a hazard against which they
should take precautions.
(c) Safety instruction signs. Use safety instruction signs for general instructions and
suggestions about safety.
(4) Sign design.
(a) Design features. Use signs with rounded or blunt corners and no sharp edges,
burrs, splinters or other sharp projections. Place the ends or heads of bolts or
other fastening devices so that they are not hazardous.
(b) Danger signs. The color of the background must be red.
(c) Caution signs. The color of the background must be yellow and the panel, black
with yellow letters. Use black letters against the yellow background.
(d) Safety instruction signs. Use white for the background and make the panel green
with white letters. Any letters used against the white background must be black.
(e) Slow-moving vehicle emblem. This emblem (see Figure 7) has a fluorescent
yellow-orange triangle with a dark red reflective border. The reflective border
defines the shape of the fluorescent color in daylight and creates a hollow red
triangle in the path of motor vehicle headlights at night.
(A) Use this emblem only on vehicles that by design move at 25 mph or less on
public roads. Do not use it as a clearance marker for wide machinery to
replace required lighting or marking of slow-moving vehicles. The material,
location, mounting, etc., of the emblem must conform to the American
Society of Agricultural Engineers Emblem for Identifying Slow-Moving
Vehicles, ASAE R276, 1967, or ASAE S276.2 (ANSI B114.1-1971).
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Figure 1 Slow-Moving Vehicle Emblem
(5) Sign wordings.
(a) Nature of wording. Use wording on signs that is easily understandable.
(b) Biological hazard signs. Use the biological hazard warning sign to warn of the
actual or potential presence of a biohazard. Use it to mark equipment, containers,
rooms, materials, experimental animals or combinations of them, that contain or
are contaminated with viable hazardous agents. For this subparagraph the term
“biological hazard,” or “biohazard,” means only those infectious agents presenting
a risk or potential risk to the well-being of humans.
Note: All dimensions are in inches.
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
437-004-1250 Confined and Hazardous Spaces
(1) Definitions.
Competent person is somebody who can identify existing and predictable hazards and
take measures to eliminate them.
Confined space is a space that:
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437-004-1250 (3)(b)(B)
is large enough and so configured that an employee can bodily enter and work;
and
has limited or restricted entry or exit (for example, tanks, vessels, silos, storage
bins, hoppers, vaults, and pits may have limited entry); and
is not designed for continuous employee occupancy.
Engulfment is the covering of a person by a liquid or finely divided (flowable) solid
substance that when inhaled causes death or that can exert enough force on the
body to cause death by strangulation, constriction or crushing.
Entry is passing through an opening into a hazardous or confined space. Entry includes
work in the space and occurs when any part of the entrant’s body breaks the plane
of an opening into the space in a way that creates a hazard.
IDLH Atmospheres. Atmospheres immediately dangerous to life or health (IDLH) are
those with less than 19.5 percent oxygen by volume, or which because of the high
toxicity of the contaminant, would endanger the life of a person breathing them for
even a short period of time.
Oxygen deficient is an atmosphere with less than 19.5 percent oxygen by volume.
(2) Fuel bins.
(a) Fuel bins must have adequate exits and all necessary devices to provide safety for
employees who enter them.
(b) There may be sentry stations or tunnels near the bottom conveyor for employees
to use to stoke down congested fuel through openings. Safely built pneumatic
bottoms, mechanical agitators or scrapers and similar devices are acceptable.
(3) Entering confined spaces.
(a) Test first. Always test the atmosphere in a confined space before an employee
places any part of their body into it. Following the instructions below, test first for
oxygen, then flammable atmosphere then toxic atmosphere.
(b) Entry. No person may enter or work in any confined space with an atmosphere
immediately dangerous to life or health (IDLH), except under the following
conditions:
(A) They must wear a supplied air or self-contained air breathing apparatus;
(B) They must wear a safety belt with lifeline attached, where practical. Another
person, equipped as required in subsection (3)(b)(A) above and with safety
belt and lifeline attached, must be at the opening with adequate help
available to remove the person if necessary (see (5), Rescue below);
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(C) Failure of the person within the enclosure to respond to agreed upon signals
requires immediate rescue action by a person or persons equipped as
required in subsections (3)(b)(A) and (B) above;
(D) Air supplied to hose masks and positive pressure air helmets must be free
from harmful dusts, fumes, mists, vapors, or gases to the extent that
breathing it does not constitute harmful exposure. Position the air intake to
the blower fan or compressor to prevent contamination of the air by carbon
monoxide or other hazardous materials or gases;
(E) Supplied air respiratory equipment must have an automatic pressure relief
valve, and connect through a pressure reduction valve in the supply line.
Maximum allowable pressure, unless otherwise specifically approved, is 25
pounds per square inch;
(F) To assure safety when using positive-pressure air respiratory equipment, a
minimum volume of air delivered to the user must be at least 4 cubic feet of
air per minute for a face mask and 6 cubic feet of air per minute for hoods or
helmets.
(c) Oxygen deficient atmospheres. The atmosphere in a sealed or unventilated
confined space is considered immediately dangerous to life or health. Nobody may
enter such space unless:
(A) All requirements for safety equipment and procedures in (3)(b) above are
met; or
(B) A competent person tests the atmosphere with an oxygen indicator or other
suitable device immediately before entry to ensure that it contains enough
oxygen to sustain life; or
(C) Until mechanical ventilation provides at least one complete change of
uncontaminated air immediately before entry and continues while anybody is
inside the enclosure. A safety watcher meeting the requirements in (3)(b)
above must be at the entry.
(d) Toxic atmospheres. Nobody may enter any sealed or unventilated tank or other
confined space that contains or has contained toxic materials or gases, unless:
(A) All requirements for safety equipment and safety procedures in (3)(b) above
are met, or a competent person tests the atmosphere with an appropriate
instrument or method and finds it to have contaminants below the threshold
limit values of the particular material or gas.
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437-004-1250 (3)(j)
(B) If the atmosphere has concentrations of hazardous contaminants not
immediately dangerous to life or health, but above the threshold limit values
for the toxic material, the person entering the space must wear respiratory
protective equipment approved by the National Institute of Occupational
Safety and Health, or recommended by the U.S. Department of Agriculture
for the exposure.
(e) Flammable or explosive atmospheres. The atmosphere in any sealed or
unventilated tank or other confined space and that contains or has contained
combustible or flammable materials or gases is an atmosphere immediately
dangerous to life or health.
(A) Nobody may enter such space unless all requirements for safety equipment
and safety procedures in (3)(b) above are met or atmosphere tests by a
competent person using an appropriate instrument or method shows no
flammable or explosive atmosphere is present.
(B) If the atmosphere contains flammable or explosive vapors at or above 20
percent of their lower explosive limit, ventilate the space enough to bring the
level below 20 percent of the lower explosive limit. Otherwise only persons
meeting the requirements of (c) above may enter the enclosure for
emergency work, including preparatory work or work to set up equipment to
eliminate the gas.
(f) Ventilation. Natural and/or mechanical ventilation must maintain the atmosphere
within the limits permissible for explosive or toxic materials and gases while
employees are in the space.
(g) Residues and other sources. When there could be a release of explosive or toxic
materials from residues or other sources in a confined space, there must be
additional testing as necessary to assure the atmosphere has not become
immediately dangerous to life or health. If such conditions arise, immediately leave
the contaminated space until the atmosphere is safe for persons wearing
respiratory protective equipment.
(h) Physical hazards. Do not allow employees to enter confined spaces that contains
physical hazards, until you comply with OAR 437-004-1275.
(i) Engulfment. Do not allow employees to enter confined spaces where there is a
hazard from engulfment by collapsing material.
(j) Lifeline and attendant. When entering confined spaces that have loose material
(such as chips, sand, grain, gravel, sawdust, etc.) you must wear a safety belt with
lifeline. There must be an attendant for the lifeline.
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(k) Lockout/tagout. Follow the procedures of OAR 437-004-1275, for intake pipelines
that convey hazardous substances into confined spaces before workers enter.
Blinds, if used, must clearly show whether the line is open or closed. Close, lock
and attach warning tags to valves in such lines nearest the containers. Blinding or
lockout of cold water and air lines is not necessary if they have positive control
valves near the container and you lock, close and tag the valves.
(4) Training.
(a) Train all workers before they do anything covered by this section. Retrain workers
when there are changes in their duties or the spaces related to this section.
(b) Training must cover all hazards associated with the employer’s confined and
hazardous spaces.
(c) Training must cover this standard and all duties associated with it.
(d) Keep written documentation of all training until it is superseded by new training.
(5) Rescue.
(a) These requirements apply to employers who have employees enter confined
spaces to rescue people.
(A) You must give each rescuer the personal protective equipment and rescue
equipment necessary to make rescues from hazardous spaces. You must
also provide training on the proper use of that equipment.
(B) Train each rescuer in basic first aid and in cardiopulmonary resuscitation
(CPR). At least one rescuer with current certification in first aid and in CPR
must be available.
(b) When employers arrange to have persons other than their own employees do
confined space rescue, the employer must:
(A) Inform the rescue service of the hazards they may confront during the rescue
at the host employer’s facility, and
(B) Provide the rescue service with access to all confined spaces from which
rescue may be necessary so that the rescue service can develop appropriate
rescue plans and practice rescue operations.
(c) To accomplish non-entry rescue, attach the other end of the retrieval line to a
mechanical device or fixed point outside the hazardous space in a way that rescue
can begin as soon as the rescuer becomes aware that rescue is necessary.
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
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437-004-1260 (2)(c)(C)
437-004-1260 Manure Lagoons, Storage Ponds, Vats, Pits and Separators
(1) Scope. This applies to facilities not covered by confined space rules. (Examples include
pole buildings used to store compost material or manure lagoons and separators.)
(2) General.
(a) Do not enter any vat, pit, separator or other hazardous area where the atmosphere
may be immediately dangerous to life unless:
(A) Tests by a competent person, immediately before entry, prove it free of toxic
gases and with enough oxygen to sustain life; or
(B) Mechanical or natural ventilation provides at least one complete change of
uncontaminated air immediately before entry and continues during enclosure
occupancy; or,
(C) The person entering the area is using a properly functioning supplied air or
self-contained breathing apparatus, and is closely supervised by a safety
watcher with similar equipment, at the entrance. They must have adequate
help to remove the person if necessary.
(b) Vats and pits that have hazardous materials, manure or that are more than 4 feet
deep, must meet one of the following requirements:
(A) A cover or grating must be in place and strong enough to safely support
imposed loads; or
(B) The edges must extend at least 42 inches above the adjacent floor level; or,
(C) There is a standard guardrail.
(D) Where vehicles operate near vats or pits the railing must be strong enough to
keep them out, or there must be a curb or shear rail that keeps the vehicle
out.
(c) Manure lagoons or earthen manure storage ponds must have:
(A) Curbs, shear rails or other barriers where vehicles or equipment operate near
enough to drive or roll into the lagoon.
(B) Standard guardrails or other protection where employees work over the
contents or near enough to the edge to fall into the lagoon.
(C) Cables or chains that connect a vehicle to an adequate anchorage and are
short enough to prevent the vehicle from rolling into the lagoon are
acceptable.
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
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437-004-1275 The Control of Hazardous Energy (Lockout/Tagout)
(1) Scope. This standard covers work on machines, vehicles and equipment when the
unexpected energizing or starting of them, or release of stored energy could injure
employees.
(2) Application.
(a) This standard applies to the control of energy during servicing and/or maintenance
of machines and equipment.
(b) It does not cover normal production operations. It covers servicing and/or
maintenance that takes place during normal production operations only if:
(A) An employee must remove or bypass a guard or other safety device; or
(B) An employee must place any part of the body where they do work on the
material being processed (point of operation) or where a danger zone exists.
(c) It does not cover routine, repetitive minor tool changes, adjustments and other
minor servicing activities, done during normal operations, if they are necessary to
the use of the equipment and if the workers use alternative methods that provide
effective protection.
(d) This standard does not apply to work on electric powered equipment, when
unplugging it would control the hazard and the employee doing the work controls
the plug totally. It also does not apply to work on vehicles when the person doing
the work has the ignition key under their exclusive control and there are no other
sources of hazardous energy that could be released without the key.
(3) Program requirement. Employers must establish an energy control program and use its
procedures for putting appropriate lockout or tagout devices on energy isolating
devices. They must disable machines or equipment to prevent injury to employees.
(4) Definitions.
Affected employee. One who operates a machine or equipment during service or
maintenance under lockout or tagout. Also, those who work near where covered
servicing or maintenance is done.
Authorized person. One who locks out or tags out machines or equipment to service
or maintain them. An affected employee becomes an authorized person when they
do service or maintenance covered here.
Energized. Connected to an energy source or containing residual or stored energy.
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437-004-1275 (5)
Energy isolating device. A mechanical device that physically prevents the
transmission or release of energy. Examples: A manual circuit breaker; a switch; a
manual switch that disconnects the conductors of a circuit from all ungrounded
supply conductors and where employees can operate no pole independently; a
line valve; a block; and any similar device used to block or isolate energy. Push
buttons, selector switches and other control circuit type devices are not energy
isolating devices.
Energy source. Any source of electrical, mechanical, hydraulic, pneumatic, chemical,
thermal, gravity or other energy.
Lockable. An energy isolating device with its own lock or with a hasp or other way to
attach a lock. Other energy isolating devices are lockable if they can be locked
without being dismantled, rebuilt or replaced or permanently altering their energy
control capability.
Lockout. The use of a lockout device on an energy isolating device, according to an
established procedure to ensure that the controlled equipment is not operable until
an authorized person removes the lockout device.
Lockout device. Something that uses a positive means such as a lock, to hold an
energy isolating device in a safe position. Included are blank flanges and bolted
slip blinds.
Normal operations. A machine or equipment doing its intended function.
Servicing and/or maintenance. Constructing, installing, setting up, adjusting,
inspecting, modifying, and maintaining and/or servicing machines or equipment.
This includes removing jams, lubrication or cleaning of machines or equipment
and making adjustments or tool changes, where the process may expose the
employee to the unexpected energizing or starting of the equipment or release of
hazardous energy.
Setting up. Any work done to prepare a machine or equipment for operation.
Tagout. The placement of a tagout device on an energy isolating device, according to
an established procedure, warning employees not to operate the energy isolating
device and the equipment being controlled until an authorized person removes the
tagout device.
Tagout device. A prominent warning device, such as a tag and a secure, sturdy means
of attachment to an energy isolating device according an established procedure.
The tag must warn employees not to operate the energy isolating device and the
equipment being controlled until an authorized person removes the tagout device.
(5) General.
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(a) Energy control program. Before doing any servicing or maintenance the employer
must have a written energy control program with specific procedures, employee
training and periodic reviews. It must ensure isolation of the equipment from the
energy source and make it inoperative in a way to prevent injury.
(b) Lockout/tagout.
(A) If an energy isolating device is not lockable, the energy control program must
use a tagout system that provides as much employee protection as is
possible.
(B) If the energy isolating device is lockable, the energy control program must
use lockout.
(C) Major repair, renovation or modification of a machine or equipment or
installation of new machines or equipment requires new energy isolating
device(s) to be lockable.
(c) Employee protection.
(A) When using a tagout device on a lockable energy isolating device, attach the
tagout device where you would have put the lockout device.
(B) Full compliance with all parts of this standard related to tagout is necessary
to assure the highest safety levels. Additional steps that help provide high
employee protection include the removal of an isolating circuit element,
blocking of a controlling switch, opening of an extra disconnecting device or
the removal of a valve handle.
(d) Energy control procedure.
(A) Develop, document and use procedures for the control of potentially
hazardous energy when employees are doing work covered by this section.
Note: Documenting the required procedure for a particular machine or equipment is not
necessary when all of the following are true:
The machine or equipment has no potential for stored or residual dangerous energy or
accumulation of stored dangerous energy after shut down;
The machine or equipment has an easily identified and isolated single energy source;
The isolation and locking out of that energy source will eliminate all energy-related
hazards;
The machine or equipment is isolated from that energy source and locked out during
servicing or maintenance;
A single lockout device will achieve a locked-out condition;
The lockout device is under the exclusive control of the authorized person doing the
servicing or maintenance;
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437-004-1275 (5)(e)(C)(iii)
The servicing or maintenance does not create hazards for other employees; and
No accidents have happened that involved the unexpected activation or energizing of the
machine or equipment during servicing or maintenance done under this exception.
(B) The procedures must specifically outline the scope, purpose, authorization,
rules and methods that are mandatory for the control of hazardous energy.
They must also include a way to enforce compliance including, but not limited
to, the following:
(i) A specific statement of the intended use of the procedure;
(ii) Specific procedural steps for shutting down, isolating, blocking and
securing machines or equipment to control hazardous energy;
(iii) Specific procedural steps for the placement, removal and transfer of
lockout or tagout devices and the responsibility for them; and
(iv) Specific requirements for testing a machine or equipment to verify the
effectiveness of lockout devices, tagout devices and other energy
control measures.
(e) Protective materials and hardware.
(A) Each employee’s lock must have either a key or combination that is unique to
that device.
(B) The employer must provide the necessary locks and/or hardware to do all
required lockout/tagout functions.
(C) Individually identify each lockout and tagout device. They must be the only
devices used for controlling energy. Do not use devices meant for the lockout
program for other purposes. They must meet the following requirements:
(i) Durable.
(I) Lockout and tagout devices must withstand their environment.
(II) Make tagout devices so that exposure to weather conditions or
wet and damp locations will not cause them to deteriorate or the
message on them to become illegible.
(III) Tags must not deteriorate in corrosive environments such as
where you handle or store acid and alkali chemicals.
(ii) Standardized. Use lockout and tagout devices whose appearance is
uniform within the facility and easily recognized.
(iii) Substantial.
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(I) Lockout devices. Lockout devices must be sturdy enough to
prevent removal without the use of excessive force or unusual
methods or tools.
(II) Tagout devices. Tagout devices and their means of attachment,
must be sturdy enough to prevent inadvertent or accidental
removal. The attachment means must be single use and self-
locking.
(iv) Identifiable. Lockout and tagout devices must show the identity of the
employee who applied them.
(D) On energized machines or equipment, tagout devices must warn against
hazardous conditions and must include a phrase like: Do Not Start, Do Not
Open, Do Not Close, Do Not Energize, Do Not Operate.
(f) Annual Review.
(A) Do a review of the energy control program at least annually to ensure that it
meets the requirements of this standard and employees are following it.
(i) An authorized person must do the review.
(ii) Correct problems found during the review.
(iii) For a lockout program, the review must include a personal review,
between the inspector and each authorized person, of that employee’s
responsibilities under the program.
(iv) For a tagout program, the review must include a personal review,
between the inspector and each authorized and affected employee, of
that employee’s responsibilities under the program.
(B) Document these reviews in writing with the identity of the machine or
equipment covered by the program, the date of the review, the employees
included in the review, and the person doing it.
(g) Training and communication.
(A) Provide general training that includes the following:
(i) Train authorized persons in the recognition of sources of hazardous
energy, the type and amount of energy found in their workplace and the
methods of energy isolation and control.
(ii) Instruct affected employees in the purpose and use of the energy
control program.
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437-004-1275 (6)(a)
(iii) Instruct other employees who work or may work where there may be
energy control procedures, about those procedures and about the
prohibition against attempts to restart or energize locked out or tagged
out machines or equipment.
(B) For tagout systems, provide the following additional training:
(i) Locks are physical restraints while tags are only warning devices that
provide less protection than locks.
(ii) Do not remove a tag attached to an energy isolating means, without
authorization of the authorized person responsible for it. Never bypass,
ignore or otherwise defeat a tagout device.
(iii) Tags must be legible and understandable by all employees whose work
operations are or may be in the area.
(iv) Tags may cause a false sense of security. Understanding their meaning
must be part of the overall energy control program.
(v) Securely attach tags to energy isolating devices so that they cannot be
inadvertently or accidentally detached.
(C) Employee retraining.
(i) Retrain employees when a change in their job assignment, a change in
machines, equipment or processes present a new hazard or when the
program changes.
(ii) Retrain employees when a review shows or the employer has reason to
believe, that there are problems in the employees’ knowledge or use of
the program.
(D) Document the employee training in writing with each employee’s name and
date(s) of training.
(h) Energy isolation. Authorized persons doing the servicing or maintenance must do
the lockout or tagout.
(i) Notification of employees. Notify affected employees of the application and
removal of lockout or tagout devices before applying the controls and after
removing them from the machine or equipment.
(6) Application of control. The established procedures for the application of energy control
(the lockout or tagout program) must cover the following points in the following
sequence:
(a) Preparation for shutdown. Before an authorized or affected employee turns off a
machine or equipment, they must know the type and amount of the involved
energy, the hazards of the energy and the method to control it.
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(b) Machine or equipment shutdown. Turn off the machine or equipment using the
procedures established for it. Do an orderly shutdown to avoid new or increased
hazards because of the equipment stoppage.
(c) Machine or equipment isolation. All energy isolating devices must be physically
placed and used in ways that isolate the machine or equipment from the energy
source(s).
(d) Lockout or tagout device application.
(A) Only authorized persons are to connect lockout or tagout devices to each
energy isolating device.
(B) Connect lockout devices in a way that will hold the energy isolating devices
in a “safe” or “off” position.
(C) Connect tagout devices in a way that will positively prevent operation or
movement of energy isolating devices from the “safe” or “off” position.
(i) Directly connect the tag to the energy isolating device, otherwise it must
be as close to the device as safely possible and obvious to anyone
attempting to operate the device.
(e) Stored energy.
(A) After the application of lockout or tagout devices, relieve or make safe all
potentially hazardous stored or residual energy.
(B) If stored energy can again reach a hazardous level, continuously verify its
isolation until the servicing or maintenance is done or until the possibility is
gone.
(f) Verification of isolation. Before starting work on locked out or tagged out machines
or equipment, the authorized person must verify that isolation and de-energizing of
the machine or equipment has been done.
(7) Release from lockout or tagout. The authorized person(s) must follow procedures and
take actions to guarantee the following before removing lockout or tagout devices and
restoring energy to the machine or equipment:
(a) The machine or equipment. Remove non-essential items from the work area and
confirm the return of the machine or equipment to pre-lockout or normal running
condition.
(b) Employees.
(A) Check the work area to ensure that all employees are safe or removed from
the area.
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437-004-1275 (8)(c)(A)
(B) Notify affected employees after removing the lockout or tagout devices but
before starting the machine or equipment.
(c) Lockout or tagout devices removal. Only the employee who applies it can remove
a lockout or tagout device. However, when that employee is not available, the
employer may direct its removal if specific procedures and training for such
removal are a part of the employer’s energy control program. The employer must
show that the specific procedure is as safe as removal by the authorized person
who applied it. The specific procedure must include at least the following:
(A) Verification by the employer that the authorized person who applied the
device is not at the facility;
(B) Attempting to contact the authorized person to inform him or her about the
removal of their lockout or tagout device; and
(C) Ensuring that the authorized person has this knowledge before he or she
resumes work at that facility.
(8) Additional requirements.
(a) Testing or positioning of machines, equipment or components thereof. Follow this
sequence of actions when it is necessary to temporarily remove lockout or tagout
devices and energize the machine or equipment. This must only be done for
testing or positioning the machine, equipment or component of it.
(A) Clear the machine or equipment of tools and materials;
(B) Remove employees from the machine or equipment area;
(C) Remove the lockout or tagout devices;
(D) Energize and go on with testing or positioning;
(E) Remove energy from all systems and reapply original energy control
measures to continue the servicing and/or maintenance.
(b) Outside personnel (contractors, etc.).
(A) If outside servicing personnel are doing things covered by this standard, the
on-site employer and the outside employer must coordinate their respective
lockout or tagout procedures.
(B) The on-site employer must be certain that its employees understand and
comply with the provisions of the outside employer’s energy control program.
(c) Group lockout or tagout.
(A) When a crew, craft, department or other group does service or maintenance,
they must use a procedure that gives employees a level of protection equal
to that provided by using a personal lockout or tagout device.
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(B) Use group lockout or tagout devices according to OAR 437-004-1275(5)(d)
including, but not limited to, these requirements:
(i) Primary responsibility is with an authorized person for a set number of
employees working under the protection of a group lockout or tagout
device (such as an operations lock);
(ii) The authorized person must know the exposure status of individual
group members with regard to the lockout or tagout of the machine or
equipment, and;
(iii) When work involves more than one crew, craft, department, etc.,
assignment of overall job-associated lockout or tagout control
responsibility to an authorized person designated to coordinate affected
work forces and ensure continuity of protection, and;
(iv) Each authorized person must put a personal lockout or tagout device
on the group lockout device, group lockbox, or comparable mechanism
when they begin work, and must remove those devices when they stop
working on the machine or equipment.
(d) Shift or personnel changes. Have specific procedures for shift or personnel
changes to ensure the continuity of lockout or tagout protection. These must
include the orderly transfer of lockout or tagout device protection between leaving
and arriving employees. The procedure must minimize exposure to hazards
related to the ongoing process.
Note: The following Appendix is a non-mandatory guideline to help employers and employees comply with
the requirements.
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
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Division 4
437-004-1275 Appendix A
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Appendix A Typical Minimal Lockout Procedure
General
This simple lockout procedure is to help employers so they meet the requirements of this
standard. When the energy isolating devices are not lockable, tagout is OK if the employer
complies with the provisions requiring additional training and more rigorous periodic reviews.
When using tagout and the energy isolating devices are lockable, the employer must provide
full employee protection (see paragraph (5)(c)), additional training and more rigorous periodic
inspections. More complex systems may need more comprehensive procedures.
Lockout Procedure
Lockout procedure for
(Name of Company for single procedure or identification of equipment if using multiple procedures.)
Purpose
These are the minimum requirements for the lockout of energy isolating devices when
maintenance or servicing is done on machines or equipment. Use it to ensure that the
machine or equipment stops and is isolated from all potentially hazardous energy sources.
Lock it out before employees work where the unexpected energizing or starting or release of
stored energy could cause injury.
Compliance With This Program
All employees must comply with the restrictions and limitations imposed upon them during
the use of lockout. Require authorized persons to do the lockout following this procedure.
When employees see a locked out machine or piece of equipment they must not attempt to
start, energize or use it.
Type of compliance enforcement for violation of the above.
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437-004-1275 Appendix A
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437-004-1275 Appendix A
Sequence Of Lockout
(1) Notify all affected employees about required service or maintenance on a machine or
equipment and that it must be shut down and locked out to do the work.
Name(s)/Job Title(s) of affected employees and how to notify.
(2) The authorized person must refer to the procedure to identify the type and amount of
the energy that the machine or equipment uses, understand the hazards of the energy
and know the methods to control it.
Type(s) and amount(s) of energy, its hazards and the methods to control the energy.
(3) If the machine or equipment is operating, shut it down by the normal stopping procedure
(depress stop button, open switch, close valve, etc.).
Type(s) and location(s) of machine or equipment operating controls.
(4) Deactivate the energy isolating device(s) so that the machine or equipment is isolated
from the energy source(s).
Type(s) and location(s) of energy isolating devices.
(5) Lock out the energy isolating device(s) with assigned individual lock(s).
(6) Release or restrain stored or residual energy (such as that in capacitors, springs,
elevated machine members, rotating flywheels, hydraulic systems and air, gas, steam,
or water pressure, etc.) by methods such as grounding, repositioning, blocking, bleeding
down, etc.
Type(s) of stored energy methods to release or restrain.
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(7) Disconnect the equipment from the energy source(s) by first removing any exposed
employees from the area. Then verify the isolation of the equipment by trying the normal
operating control(s) or by testing to make certain that the equipment will run.
Caution: Return operating control(s) to neutral or “off” position after verifying the isolation of
the equipment.
Method of verifying the isolation of the equipment.
(8) The machine or equipment is now locked out.
Restoring Equipment To Service
When the work is completed and the machine or equipment is ready to return to operation,
take the following steps:
(1) Check the machine or equipment and the immediate area around it and remove any
non-essential items. Be sure the machine or equipment is operationally intact.
(2) Safely position or remove all employees from the area.
(3) Verify that the controls are in neutral.
(4) Remove the lockout devices and energize the machine or equipment.
Note: The removal of some forms of blocking may require energizing of the machine beforehand.
(5) Notify affected employees that the work is complete and the machine or equipment is
ready for use.
Statutory Authority: ORS 654.025(2) and 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-1998, adopt filed 08/28/1998, effective 10/01/1998
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MEDICAL/FIRST AID
K
Subdivision K K-i Table of Contents
TABLE OF CONTENTS
437-004-1305 Medical Services and First Aid ................................................................... K-1
(1) Definitions .................................................................................................................. K-1
(2) First aid supplies ........................................................................................................ K-1
(3) Medical treatment and services ................................................................................. K-1
(4) Emergency medical plan ............................................................................................ K-1
(5) Emergency eyewash, shower equipment, or both ..................................................... K-2
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MEDICAL SERVICES & FIRST AID
K
437-004-1305 K-1 (1) – (4)(a)(C)
437-004-1305 Medical Services and First Aid.
(1) Definitions.
Emergency medical service is care by a medically trained person such as in a hospital,
clinic, ambulance or rescue vehicle.
Qualified first aid person has evidence to show valid first-aid and CPR training within the
last two years.
(2) First aid supplies.
(a) Provide first-aid supplies based on the types of injuries that could occur at the place
of employment. The first-aid supplies must be immediately available to all workers on all
shifts when needed. Do not lock up or otherwise restrict access to first-aid supplies.
(b) Protect first-aid supplies from damage, deterioration, or contamination. Clearly mark
containers. First-aid containers may be sealed to protect the contents from
contamination.
Note: Supplies such as nitrile gloves and a mouth barrier device are personal protective
equipment covered by Division 4/I, Personal Protective Equipment.
(3) Medical treatment and services. Emergency medical services for injured or sick
employees must be available and summoned in time to give appropriate treatment for the
circumstances.
NOTE: These services can be by outside sources such as the local 911 response system or by
employees who are qualified first-aid persons.
(4) Emergency medical plan.
(a) Determine the appropriate type of medical service for each place of employment. You
must do a survey and develop an emergency medical plan. You must evaluate these
areas:
(A) Determine the types of injuries and illnesses that are likely to occur at the
worksite.
(B) Contact the local emergency response system and get information about their
ability to handle these types of emergencies and their response time. Consider
things such as nearness of the responding teams, traffic, equipment, average
response times, and whether the system is staffed by volunteers or full-time people.
(C) Based on this information, decide whether the local response system can handle
your situation or whether you need your own qualified first-aid persons.
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MEDICAL SERVICES & FIRST AID
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(a)(D) – (5)(b)(B) K-2 437-004-1305
(D) Train all employees about the medical plan and their responsibilities during an
emergency.
(b) If the local response system is adequate, then the minimum emergency medical plan
must contain the emergency phone number and emergency action instructions for
employees in case of an injury or illness. Post this emergency medical plan where
employees gather or are most likely to read it.
(c) If the response system is not adequate to handle your potential injuries or illnesses,
then your plan must also contain clear and specific emergency action instructions for
employees in case of injury or illness. The plan of action must have:
(A) The names, locations, and phone numbers of people trained and authorized to
give first aid and other treatment.
(B) Any special instructions about communications like two-way radios, telephones or
other provisions for emergency communication to contact the emergency medical
services.
(C) A plan for transportation to the ambulance or nearest suitable medical facility.
(5) Emergency eyewash, shower equipment, or both.
(a) Based on the hazard, provide employees with an emergency eyewash, shower, or
both to decontaminate themselves when one of the following applies:
(A) Employees use a chemical substance that can cause corrosion or permanent
tissue damage to the eyes or when areas of the body may be exposed to quantities
of materials that are either corrosive or toxic by skin absorption.
(B) Employees handle pesticide products labeled Danger or Danger/Poison, and with
a first-aid section on the label that requires rinsing for 15-20 minutes for eye or skin
exposure.
NOTE: OAR 437-004-1305(5) does not apply to eye flushing supplies required for early entry
workers covered under 170.112(c)(8) or agriculture field workers covered under 170.150 of
the pesticide Worker Protection Standard in Division 4, Subdivision W.
(b) Emergency eyewashes or showers, whether plumbed potable water systems or self-
contained units, must meet the following requirements:
(A) Locate it so exposed employees can reach it and begin treatment in 10 seconds
or less. The path must be unobstructed and cannot require the opening of doors or
passage through obstacles unless other employees are always present to help the
exposed employee.
(B) Install the equipment according to the manufacturer’s instructions.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MEDICAL SERVICES & FIRST AID
K
END OF DOCUMENT –
437-004-1305 K-3 (5)(b)(C) – (5)(c)
(C) Valves must stay open once activated, without the use of hands.
(D) Follow manufacturer’s instructions for use and inspection.
(E) Fluid quality and temperature must be appropriate for the anticipated types of
decontamination treatment.
(F) Flow and pressure must provide the needed treatment without risking injury to the
employee.
(G) If the eyewash or shower could freeze, take protective measures to prevent this
from occurring.
(c) If the product label or material safety data sheet requires specific decontaminants or
procedures, you must provide them in addition to the eyewash or shower. Certain
substances like acids, chlorine and anhydrous ammonia require special treatment.
NOTE: ANSI Z358 has information about the performance requirements for eyewashes and showers.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
OR-OSHA Admin. Order 4-2010, f. 7/8/10, ef. 1/1/11.
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K-4
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FIRE
L
Subdivision L L-i Table of Contents
TABLE OF CONTENTS
437-004-1430 Sources of Fire ........................................................................................... L-1
437-004-1440 Required Postings ...................................................................................... L-2
437-004-1450 Extinguishers .............................................................................................. L-3
437-004-1460 Fire Prevention Plan ................................................................................... L-4
437-004-1470 Training ....................................................................................................... L-4
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Oregon Occupational Safety
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SOURCES OF FIRE
L
437-004-1430 L-1 (1) – (5)(c)
437-004-1430 Sources of Fire.
(1) Definitions. These terms are used in Subdivision 4/L Fire:
Closed container – A container sealed with a lid or other device that prevents the loss of
liquid or vapor at ordinary temperatures.
Combustible – A substance or material that is able or likely to catch fire and burn.
Explosive – Something capable of causing damage to the surroundings by chemical
reaction.
Flammable – Something capable of being easily ignited, burning intensely or having a
rapid rate of flame spread.
Flammable liquids – are liquids having a flash point at or below 199.4 degrees F. (93
degrees C.) As defined in the globally harmonized system of classification and labeling
(GHS) adopted in OSHA’s Hazard Communication Standard, flammable liquids are
divided into four categories.
NOTE: Examples of some common flammable liquids are:
Category 1: Diethyl ether (solvent sometimes used in starting fluid).
Category 2: Gasoline (Benzene, Ethanol).
Category 3: Kerosene, Stoddard Solvent.
Category 4: Diesel fuel, Naphthalene.
NOTE: Additional information can be found in Division 4/B, 437-004-0100 Universal Definitions.
(2) Store combustible waste material, including oily rags in covered metal receptacles.
(3) If using electric lights, equipment and wiring where there may be flammable or explosive
gases, vapors, mists, dust or fibers they must comply with the State Electrical Specialty
Code.
NOTE: See additional electrical requirements in Division 4/S, OAR 437-004-3075 Agricultural
Buildings with Special Hazards.
(4) Locate internal combustion engines so that there is a clearance of at least 6 inches
between exhausts and exhaust piping and combustible material.
(5) Do not allow smoking, open flames, the use of spark-producing devices or tools not
approved for use in such areas, and other sources of ignition:
(a) In fueling areas.
(b) When servicing fuel systems for internal combustion engines.
(c) When receiving or dispensing flammable liquids.
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SOURCES OF FIRE /
REQUIRED POSTINGS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-1430(5)(d) L-2 437-004-1440(4) Note
(d) Where using flammable liquids.
(e) Where storing flammable liquids.
(f) Areas that may have flammable or explosive gases, vapors, mists, dust, fibers or
flyings.
NOTES:
Other sources of ignition include cutting and welding; grinding hot surfaces; frictional
heat; static, electrical and mechanical sparks; spontaneous ignition including heat
producing chemical reactions; and radiant heat.
There are more detailed standards for:
The use and storage of flammable liquids in 4/H, OAR 437-004-0720;
The use of liquefied petroleum gas (LPG) in 4/H, OAR 437-004-0780 and 437-004-
0790;
Fire prevention standards for welding operations are in 4/Q, OAR 437-004-2310.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
437-004-1440 Required Postings.
Post signs reading, “No Smoking or Open Flame,” in all areas:
(1) For fueling;
(2) For receiving or dispensing flammable liquids;
(3) For use or storage of flammable liquids; or
(4) Where there may be flammable or explosive gases, vapors, mists, dust, fibers or flyings.
NOTE: Signs reading “FLAMMABLE – KEEP FIRE AWAY” will also be in compliance with this rule.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EXTINGUISHERS
L
437-004-1450 L-3 (1) – (7)
437-004-1450 Extinguishers.
NOTE: The Oregon Office of State Fire Marshal and local fire authorities also have rules that
apply to portable fire extinguishers.
(1) Provide the class of fire extinguishers designed for use on the class of fire potential in the
work area.
NOTE: To make it easy to use the right extinguisher, the NFPA 10 Extinguisher Standard uses
the following system of classification:
Class A: Fires of ordinary combustible materials (such as wood, cloth, paper, rubber, and
many plastics) requiring the heat-absorbing (cooling) effects of water, water solutions
or the coating effects of certain dry chemicals that retard burning.
Class B: Fires of flammable liquids, flammable gases, grease and similar materials where
extinguishment is best done by excluding air (oxygen), inhibiting the release of
combustible vapors or interrupting the combustion chain reaction.
Class C: Fires of energized electrical equipment where safety to the operator requires the
use of electrically nonconductive extinguishing agents. (Note: For nonenergized
electrical equipment, Class A or B extinguishers may be best.)
Class D: Fires of certain combustible metals, such as magnesium, titanium, zirconium,
sodium, potassium, etc., requiring a heat-absorbing extinguishing medium not
reactive with the burning metals.
(2) Original labels and marking on extinguishers must remain attached and legible.
(3) Mount fire extinguishers on hangers, brackets, in cabinets or on shelves. The maximum
height of the top of the extinguisher above the floor is:
Weight of Unit
Height of Top
40 lbs. or less
Over 40 lbs.
5 ft.
3 1/2 ft.
(4) Do not obstruct fire extinguishers. They must be in plain sight or clearly mark their
location.
(5) Paths to and space in front of fire extinguishers must be clear and free from obstruction.
(6) Inspect fire extinguishers yearly or more often as needed to keep them usable and fully
charged.
(7) Do not use fire extinguishers with carbon tetrachloride, chlorobromomethane or other
toxic vaporizing fluids.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
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FIRE PREVENTION PLAN /
EMPLOYEE EQUIPMENT & TRAINING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
END OF DOCUMENT –
437-004-1460(1) L-4 437-004-1470(2)
437-004-1460 Fire Prevention Plan.
(1) The plan must be in writing, be kept in the workplace, and be available to employees.
Employers with 10 or fewer permanent, year-around workers may have a verbal plan.
(2) The fire prevention plan must include at least these parts:
(a) Procedures to control accumulations of flammable or combustible waste materials;
(b) Procedures for regular maintenance of safeguards installed on heat producing
equipment to prevent accidental ignition of combustible materials;
(c) Procedures for reporting possible fire producing situations.
(3) The employer must:
(a) Inform employees of the fire hazards in their work areas; and
(b) Review with each employee, new to a job, those parts of the fire prevention plan
necessary for protection.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
437-004-1470 Employee Equipment and Training.
(1) If workers are expected or required to fight fires, their level of training and the fire fighting
equipment they use must be adequate for the level of fire fighting involvement expected or
required by the employer.
(2) The employer must provide all needed equipment and training at no cost to employees
and be in compliance with Division 2/L, OAR 437-002-0182 Oregon Rules for Fire Fighters;
1910.155 Fire Protection; and 1910.156 Fire Brigades.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
COMPRESSED GASES
M
Subdivision M M-i Table of Contents
TABLE OF CONTENTS
437-004-1505 Air Receivers and Pressure Systems ........................................................ M-1
(1) Application ................................................................................................................. M-1
(2) General requirements ................................................................................................ M-1
(3) Installation and equipment requirements .................................................................. M-1
(4) Compressed air – general ......................................................................................... M-2
(5) Piping systems ........................................................................................................... M-2
(6) High temperature piping ............................................................................................ M-2
437-004-1525 Boilers and Steam Systems ...................................................................... M-3
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COMPRESSED GASES
M
437-004-1505 M-1 (1) – (3)(c)(D)
437-004-1505 Air Receivers and Pressure Systems.
(1) Application. This section applies to compressed air receivers and other equipment
making and using compressed air or gas. This section does not apply to the use of
compressed air to move materials nor to work in compressed air as in tunnels and caissons.
It also does not apply to compressed air machinery and equipment used on transportation
vehicles.
(2) General requirements.
(a) New and existing equipment.
(A) Construct all new air receivers installed after the effective date of these
regulations according to the 1995 edition of the A.S.M.E. Boiler and Pressure Vessel
Code Section VIII.
(B) Construct, install and maintain all safety valves according to the A.S.M.E. Boiler
and Pressure Vessel Code, Section VIII Edition 1995.
(3) Installation and equipment requirements.
(a) Installation. Install air receivers so that all drains, hand holes and manholes are
easily accessible. Do not bury an air receiver underground or put it in an inaccessible
place.
(b) Drains and traps. Install a drain pipe and valve at the lowest point of every air
receiver to provide for the removal of accumulated oil and water. Adequate automatic
traps are acceptable besides drain valves. To prevent excessive amounts of liquid in
the receiver, open the drain valve and drain the receiver completely as often as needed.
(c) Gages and valves.
(A) Every air receiver must have an indicating pressure gage that is visible and
with one or more spring-loaded safety valves. These valves together must prevent
pressure from exceeding the maximum allowable working pressure by more than
10 percent.
(B) No valve of any type must be between the air receiver and its safety valve or
valves.
(C) Construct and place safety and control devices so that people cannot defeat them
and are protected from the elements.
(D) Test all safety valves frequently and assure they are in good operating condition.
M
COMPRESSED GASES
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(a) – (6)(b) M-2 437-004-1505
(4) Compressed air – general.
(a) Never use compressed air or gas to clean clothing that is being worn. Never direct
compressed air or gas at a person.
(b) Do not use compressed air for cleaning unless:
(A) It is reduced at the source to less than 30 p.s.i. and then only with effective chip
guarding and personal protective equipment; or
(B) The outlet device or nozzle reduces end pressure to less than 30 p.s.i. when
dead-ended or placed against an object, then only with effective chip guarding and
personal protective equipment.
(c) All hose connections must be secure and maintained to be safe. Do not allow the
hose to begin whipping.
NOTE: See 4/P, OAR 437-004-2230 for standards about using tools run by compressed air.
(5) Piping systems.
(a) All piping systems and their component parts that carry air, steam or other material
at more than atmospheric pressure must safely withstand pressures to be placed upon
them.
(b) To be acceptable for pressure line service with gaseous substances, non-metallic
pipe must have its manufacturer’s recommendation and listing for compressed air or
gas service.
(A) Only use PVC pipe for compressed air if you bury or encase it.
(6) High temperature piping. High temperature is 140 degrees fahrenheit or higher.
(a) Cover all steam and other high temperature pipe lines within 7 feet of the floor or work
platform or passageway with noncombustible insulating material or otherwise protect it
against accidental contact with persons.
(b) All steam hose connections must be secure and maintained to be safe. Do not allow
the hose to begin whipping.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
COMPRESSED GASES
M
END OF DOCUMENT –
437-004-1525 M-3 Note – (3)
437-004-1525 Boilers and Steam Systems.
NOTE: The Oregon Building Codes Agency (Boiler and Pressure Vessel Section) is the authority for
Boilers and Pressure Vessels as defined in Oregon Boiler Pressure Vessel Law, ORS 480.510.
(1) All boilers and pressure vessels must meet minimum standards of design and operation
in the Oregon Boiler and Pressure Vessel Safety Law.
(2) Permanently mark each control valve, not at the pressure vessel, with its source and
function.
(3) Relief valve exhaust systems must withstand the forces involved. Their discharge must
not endanger workers.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
M
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
M-4
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MATERIAL HANDLING
N
Subdivision N N-i Table of Contents
TABLE OF CONTENTS
437-004-1610 General Requirements ............................................................................... N-1
(1) Material storage ......................................................................................................... N-1
(2) Stacks and piles ........................................................................................................ N-1
(3) Bricks and blocks ....................................................................................................... N-2
(4) Lumber ....................................................................................................................... N-2
(5) Bagged materials ....................................................................................................... N-2
(6) Pipe and bar stock ..................................................................................................... N-2
(7) Drums, rolls, cylindrical objects ................................................................................. N-2
(8) Equipment design and construction .......................................................................... N-2
437-004-1630 Conveyors ................................................................................................... N-3
(1) Controls ..................................................................................................................... N-3
(2) Backstops and brakes ............................................................................................... N-3
(3) Loading, transfer and discharge points ..................................................................... N-3
(4) Guards ....................................................................................................................... N-3
(5) Portable conveyors .................................................................................................... N-3
(6) Riding prohibited ........................................................................................................ N-4
(7) Ramps, skids, rollways .............................................................................................. N-4
437-004-1670 Automotive Hoists....................................................................................... N-4
437-004-1680 Storage of Hazardous Chemicals .............................................................. N-4
437-004-1700 Forklifts and Other Powered Industrial Trucks ........................................... N-6
(1) General requirements ................................................................................................ N-6
(2) Safety guards ............................................................................................................. N-6
(3) Fuel handling and storage ......................................................................................... N-7
(4) Changing and charging storage batteries ................................................................. N-7
(5) Lighting for operating areas ....................................................................................... N-7
(6) Dockboards (bridge plates) ....................................................................................... N-7
(7) Trucks ........................................................................................................................ N-7
(8) Operator training ........................................................................................................ N-9
(9) Truck operations ........................................................................................................ N-9
(10) Traveling ................................................................................................................ N-10
(11) Loading .................................................................................................................. N-11
(12) Maintenance of powered industrial trucks ............................................................. N-11
(13) Control of gases and fumes .................................................................................. N-12
(14) ROPS requirements .............................................................................................. N-12
N
MATERIAL HANDLING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
Table of Contents N-ii Subdivision N
437-004-1750 Helicopters ................................................................................................ N-12
(1) Scope ....................................................................................................................... N-12
(2) Briefing ..................................................................................................................... N-12
(3) Flight path ................................................................................................................ N-12
(4) Area under the flight path ........................................................................................ N-12
(5) Drop zone – where .................................................................................................. N-12
(6) Drop zone – how big ................................................................................................ N-12
(7) Under the load of helicopter .................................................................................... N-12
(8) Landing .................................................................................................................... N-12
(9) Approach ................................................................................................................. N-12
(10) Loads ..................................................................................................................... N-12
(11) Electric cargo hooks .............................................................................................. N-13
(12) Hardhats ................................................................................................................ N-13
(13) Clothing .................................................................................................................. N-13
(14) Flying objects ......................................................................................................... N-13
(15) Hook approach ...................................................................................................... N-13
(16) Rubber gloves ....................................................................................................... N-13
(17) Weight limit ............................................................................................................ N-13
(18) Limited visibility ...................................................................................................... N-13
(19) Signal systems ....................................................................................................... N-13
(20) Approach limit ........................................................................................................ N-13
(21) Stay in view ............................................................................................................ N-13
(22) Communication ...................................................................................................... N-13
(23) Fire ......................................................................................................................... N-13
(24) Fueling ................................................................................................................... N-14
437-004-1805 Rope, Chain, Rigging, and Hoists ............................................................ N-14
(1) Scope ....................................................................................................................... N-14
(2) Definitions ................................................................................................................ N-14
(3) Loading and capacity ............................................................................................... N-15
(4) Inspection ................................................................................................................ N-15
(5) Operators – handling loads ..................................................................................... N-15
437-004-1825 Tackle and Hoisting Equipment ............................................................... N-15
(1) Blocks, sheaves, shackles and drums .................................................................... N-15
(2) Chains ...................................................................................................................... N-16
(3) Hooks and attachment devices ............................................................................... N-16
(4) Wire rope ................................................................................................................. N-17
(5) Cable clips or clamps .............................................................................................. N-17
(6) Fiber rope ................................................................................................................ N-18
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GENERAL REQUIREMENTS
N
437-004-1610 N-1 (1)(a) – (2)(b)
437-004-1610 General Requirements.
(1) Material storage.
(a) Storage of material must not create a hazard. Stack, block or interlock stored items
and limit their height so that they are stable and secure from sliding or collapse.
(b) Storage areas must be free from accumulated materials that are tripping, fire or
explosion hazards.
(c) Pile foundations must support maximum loads without sinking, sagging, or tipping.
(d) Storage of toxic, flammable, radioactive, or irritating substances must comply with
other appropriate parts of this standard, Division 4.
(e) Where mechanical handling equipment is in use, there must be safe clearance in
aisles, at loading docks, through doorways and where turns are made. Aisles and
passageways must be clear and in good repair.
(f) Workers must not be under or near elevated loads and moving material unless they
have adequate protection.
(g) Block or crib loads suspended in slings or supported by hoists, jacks, or other
devices, before allowing workers to be underneath them.
(h) Do not drop or throw material from an elevation to other people.
(i) Use tag lines or guide ropes when manual control is needed over swinging loads.
(j) Load pallet boards, and trays so that the material is stable.
(k) Stored material must not obstruct lights and fire extinguishing equipment, including
sprinklers, aisles, exits, or electrical control panels.
(l) When storing materials that could cause hazardous reactions, segregate and mark
them with appropriate warning signs.
(2) Stacks and piles.
(a) All material stacks and piles must be on level and solid supports and be stable.
(b) Use binding strips or cross ties when needed to stabilize stacks and piles.
N
GENERAL REQUIREMENTS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(a) – (8)(b) N-2 437-004-1610
(3) Bricks and blocks.
(a) Brick stacks must not be more than 7 feet high. When a loose brick stack reaches a
height of 4 feet, cross tie it and taper it back 2 inches for every foot of height more than
4-foot.
(b) When stacking masonry blocks more than 6 feet high, cross tie and taper them back
one-half block per tier above the 6-foot level.
(4) Lumber.
(a) Remove all nails from used lumber before stacking it.
(b) Lumber stacks must be made of units that are no more than 11/2 times higher than
the smallest dimension of their base.
(5) Bagged materials.
(a) Stack bagged materials by stepping back the layers and cross keying the bags at
least every 10 bags high.
Note: This requirement does not apply if pallets stabilize the stack of bagged materials.
(b) When removing bags from a pile, keep the pile stable.
(6) Pipe and bar stock. Take pipe and bar stock from the ends of unsecured piles, not from
the side.
(7) Drums, rolls, cylindrical objects.
(a) Barrels, drums, large pipe, rolls of paper, and other cylindrical objects piled on their
sides must have blocks to hold the bottom row. Separators between rows of the pile,
must have blocks at each end.
(b) There must be spacing strips between bundles.
(8) Equipment design and construction.
(a) All equipment, structures, and accessories used for handling or storing materials
must comply with sound engineering practices and the specifications and
recommendations of the manufacturer. They must support the loads acting on them in
addition to their own dead loads. Allow for wind, impact, erection and any special
loadings that may occur. No combination of these loads may cause a stress on any part
that exceeds the allowable stress for that part.
(b) Do not exceed equipment manufacturer’s recommended safe load capacities.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
CONVEYORS
N
437-004-1630 N-3 (1)(a) - (5)(b)
437-004-1630 Conveyors.
(1) Controls.
(a) The operator’s station must have a way to quickly stop the motor or engine.
(b) If the operator’s station is remote from the power source, there must be a way to
quickly stop the system at the motor or engine and at the operator’s station.
(2) Backstops and brakes. Inclined conveyors, where reversing or running away is a
hazard, must have anti-runaway backstop devices, or suitable guards.
(3) Loading, transfer and discharge points.
(a) Conveyor loading, transfer and discharge points must have a way to guard workers
from injury by moving material.
(b) The area around all loading and unloading points must be clear of obstructions.
(4) Guards.
(a) Screw conveyors must have guards to prevent contact with turning flights.
(b) Where a conveyor passes over a work area, aisles or thoroughfares, there must be
guards to prevent material from falling.
(c) Return sections of conveyors less than 7 feet above passageways and work areas,
must have guards.
(d) Comply with Subdivision 4/O, OAR 437-004-1910, Machine Guarding, for guarding
conveyor drive mechanisms and power driven parts.
(e) Input conveyors for chippers, burners, furnaces, or other dangerous machines must
have guards to prevent workers from falling into the conveyor. If the machine operation
does not allow complete guarding of the opening, the worker must wear a life belt tied off
to a lifeline.
(f) Workers must not walk across or step over conveyors except on bridges or walkways.
(5) Portable conveyors.
(a) Portable conveyors must be stable at all operating ranges and must have devices or
be blocked to prevent unintended movement.
(b) Portable electric conveyors must be grounded. Wiring, switches, and electrical
connections outside and exposed to the weather must be weatherproof and dustproof.
N
CONVEYORS / AUTOMOTIVE HOISTS /
STORAGE OF HAZARDOUS CHEMICALS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-1630(6) N-4 437-004-1680(1)(d) Notes
(6) Riding prohibited. Workers must not ride on a conveyor.
(7) Ramps, skids, rollways. Where the person putting material down a chute, ramp, skid,
or rollway does not have a clear view of a lower landing where workers might be, there must
be a working automatic warning device.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-1670 Automotive Hoists.
(1) Automotive hoists elevated with a load to a position that is a hazard, must be supported
by a safety device capable of preventing descent if the lift fails.
(2) Use the lifts according to the manufacturer’s recommendations and those of ANSI
B153.1-1990.
(3) Place vehicles on lifts according to the manufacturer’s recommendations.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-1680 Storage of Hazardous Chemicals.
(1) Store hazardous chemicals:
(a) Separately, to prevent hazardous reactions. Label storage areas by category to
prevent the mixing of incompatible types of chemicals. (Examples of categories include:
flammable liquids, acids, bases oxidizers.)
(b) In conformance with manufacturer’s instructions on the label or Safety Data Sheet
(SDS) to prevent conditions that could adversely affect container integrity or product
stability.
(c) Separate from food and personal items to prevent contamination.
(d) Separate from sources of ignition. In locations where flammable vapors may be
present, take precautions to prevent fires by eliminating or controlling sources of ignition.
NOTES:
Division 4/L, 437-004-1440, requires that signs reading “No Smoking or Open Flame” or
“FLAMMABLE – KEEP FIRE AWAY” be posted in areas where flammable liquids are
received, stored or dispensed.
Chemical storage areas should comply with appropriate state and local fire codes. Identify
chemical storage buildings with a sign in accordance with NFPA 704.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
STORAGE OF HAZARDOUS CHEMICALS
N
437-004-1680 N-5 (1) Note – (5) Note
Examples of ignition sources include open flames; smoking; cutting and welding activities; hot
surfaces and radiant heat; frictional heat; static, electrical, and mechanical sparks; and,
chemical and physical/chemical reactions.
(2) Ventilate storage areas, as needed to keep air contaminants below 25 percent of the
lower explosive limit (LEL).
NOTE: Permissible explosive limits (PELs) for substances listed in 4/Z, OAR 437-004-9000, Air
Contaminants, also apply.
(3) Provide natural or artificial lighting equal to 20 foot-candles for safe entry into the storage
area and to permit identification of chemical containers.
(4) Storage, handling, and removal of hazardous chemical containers must not cause
hazards to workers.
NOTES: Other Division 4 rules with requirements that may apply to chemical storage areas
include:
4/H: OAR 437-004-0720 Flammable Liquids.
4/H: OAR 437-004-0950 Hazardous Waste Operations and Emergency Response, when
employees are required to cleanup certain emergency chemical spills.
4/K: OAR 437-004-1305(5) Emergency eyewashes and shower equipment, if required for
emergency decontamination.
4/L, Fire: OAR 437-004-1430 through 1470, when storing or dispensing flammable liquids.
4/N: OAR 437-004-1610 General Requirements.
4/S, Electricity: OAR 437-004-2810 through 437-004-3075.
(5) The following additional requirements apply where storing Restricted Use Pesticides:
NOTE: Restricted Use Pesticides (RUPs) are a category of pesticide products that pose a higher risk
to people, animals, or the environment. They can only be purchased by and used under the
supervision of a person with a pesticide license.
(a) Lock the storage area to prevent access by unauthorized persons.
(b) Provide separate sections within the storage area for each category of pesticide product.
(Examples include: insecticides, herbicides, fungicides, fumigants.) Label these areas by general
category.
NOTE: The goal of separation is to prevent hazards to employees caused by the mixing of
incompatible chemicals and the contamination of one type of product, or storage surface with
a more toxic product due to a leak or spill.
(c) Floors and shelves must be constructed of a chemically-resistant material; or coated, sealed,
or provided with secondary containment that prevents the absorption of the hazardous chemicals.
N
STORAGE OF HAZARDOUS CHEMICALS / FORKLIFTS &
OTHER POWERED INDUSTRIAL TRUCKS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-1680(5) Note N-6 437-004-1700(2)(a)(B)
(d) When the storage area contains enough chemical that a leak or spill could cause the material
to leave the confines of the building, there must be sufficient containment or other means to
contain any leaks or spills within the storage area.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 3-2014, f. 8/8/14, ef. 8/8/14.
437-004-1700 Forklifts and Other Powered Industrial Trucks.
(1) General requirements.
(a) This section has safety requirements for the maintenance and use of fork trucks,
forklifts, platform lift trucks, motorized hand trucks, and other specialized industrial trucks
used in agriculture. These are considered vehicles and additional standards are found in
Division 4/U. This does not apply to compressed air or non-flammable compressed gas-
operated industrial trucks, nor to agricultural vehicles defined elsewhere in this standard,
nor to vehicles intended primarily for earth moving or over-the-road hauling.
(b) Modifications and additions that affect capacity and safe operation must have the
manufacturer’s prior written approval. Change the capacity, operation and maintenance
instruction plates, tags or decals to reflect any changes to the vehicle.
(c) If the truck has front-end attachments not installed by the factory, the truck markings
must identify the attachments and show the approximate weight of the truck and
attachment combination at maximum elevation with the load laterally centered.
(d) Keep nameplates and markings in place and legible.
(2) Safety guards.
(a) Overhead guards.
(A) If a lift truck operator could be struck by falling, or stacked objects, the truck must
have an overhead guard. The guard must be strong enough to support impact load
tests in Table 1:
Table 1
Rated Truck Capacity
at 24” Load Center
Impact Test (Load
X Drop Distance)
Minimum Weight
of Test Load
3,000 and under
3,001 to 5,000 lbs.
5,001 to 8,000 lbs.
8,001 to 14,000 lbs.
14,001 to 25,000 lbs.
25,001 and over
4,000 ft.-lbs.
8,000 ft.-lbs.
16,000 ft.-lbs.
24,000 ft.-lbs.
32,000 ft.-lbs.
36,000 ft.-lbs.
750 lbs.
1,500 lbs.
3,000 lbs.
3,000 lbs.
3,000 lbs.
3,000 lbs.
(B) Guards that pass the test must have a metal tag permanently attached to the
canopy where reading it from the ground is easy. This tag must show the impact test
load, in foot-pounds to which similar guards have been tested.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FORKLIFTS & OTHER POWERED
INDUSTRIAL TRUCKS
N
437-004-1700 N-7 (2)(a)(B) Note – (4)(b)
Note: Guards required by (2)(a)(A) through (C), or by the following rules, do not have to
withstand the impact of a capacity load falling from any height.
(C) Untested guards must be made of material in Table 2 or material of equivalent
strength or stronger.
Table 2
Rated Truck
Capacity
Round Pipe
Square Tube (CRS)
(Std.)
(X Heavy)
(XX Heavy)
(3/16" Wall)
(1/4" Wall)
3,000 and under
3,001 to 5,000 lbs.
5,001 to 8,000 lbs.
8,001 to 14,000 lbs.
14,001 to 25,000 lbs.
25,001 and over
1 1/2”
2”
2 1/2”
3”
---------
---------
1 1/4”
1 1/2”
2”
2 1/2”
3 1/2”
4”
---------
---------
1 1/2”
2”
3”
---------
1 1/4”
1 1/2”
2”
2 1/2”
3 1/2”
4”
---------
---------
---------
2 1/2”
3”
3 1/2”
(D) The construction of canopy guards built to comply with (C) above presumes four
upright members. Guards with less than four upright members must be equally
strong.
(i) Canopy type overhead guard frames must have structural rigidity.
(ii) All guard mountings or attaching brackets must provide adequate support to
the upright members of the canopy type overhead guard.
(iii) Cantilever overhead guards must be of equivalent strength.
(E) Guards must not interfere with good visibility. Openings in the top must not be
more than 6 inches in one of their two dimensions. Guards must be large enough
to extend over the operator under all normal circumstances of operation, including
forward tilt.
(i) If the mast-tilting mechanism fails, the overhead guard must not injure the
operator.
(ii) There must be at least 39 inches of clear vertical space between the
operator’s seat when depressed and the underside of the guard. There must be
at least 74 inches of clear vertical space between the platform for standing
operators and the underside of the guard.
Note: Where overall height of truck with forks in lowered position is limited by head room
conditions and there is insufficient space for vertical clearance or for the operator to assume a
normal driving position, normal overhead guard heights may be reduced, or the overhead guard
may be omitted. The height and stability of stacks of piled material, the weight of individual units
handled, and the operating space available must provide reasonable safety for the operator if
removing the overhead guard is necessary.
(b) Back rest. Lift trucks that handle small objects or loose units must have a vertical
load back rest.
N
FORKLIFTS & OTHER POWERED
INDUSTRIAL TRUCKS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(4)(b)(A) – (7)(a) N-8 437-004-1700
(A) It must be strong enough to prevent the load or any part of it from falling toward
the operator.
(B) It must not interfere with good visibility.
(C) Size of openings must not be more than 6 inches in one dimension.
(c) Shear point guards. Shear points on forklift loaders and similar type vehicles must
have guards.
(3) Fuel handling and storage.
(a) Store and handle liquid fuels according to 4/H, OAR 437-004-0720.
(b) Store and handle liquefied petroleum gas fuel according to 4/H, OAR 437-004-0780.
(4) Changing and charging storage batteries.
(a) Battery chargers must be in areas that are safe for that purpose.
(b) There must be facilities for flushing and neutralizing spilled electrolyte, for fire
protection, for protecting charging apparatus from damage and for adequate ventilation.
(c) Use a conveyor, overhead hoist or equivalent material handling equipment to handle
large batteries that power electric forklifts.
(d) Use only a carboy tilter or siphon to handle electrolyte.
(e) Pour acid into water not water into acid when servicing batteries.
(f) Set truck brakes before changing or charging batteries.
(g) Vent caps must function and the battery compartment cover(s) must be open to
dissipate heat.
(h) There must be no smoking in the charging area.
(i) Prevent open flames, sparks, or electric arcs in battery charging areas.
(j) Keep tools and other metallic objects away from the top of uncovered batteries.
(5) Lighting for operating areas. Where general lighting is too dim, the vehicle must have
its own directional lighting.
(6) Dockboards (bridge plates). See 4/D, OAR 437-004-0390(1).
(7) Trucks.
(a) Set the brakes on trucks or chock the rear wheels to prevent them from rolling while
they are boarded with powered industrial trucks.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FORKLIFTS & OTHER POWERED
INDUSTRIAL TRUCKS
N
437-004-1700 N-9 (7)(b) – (9)(e)(A)
(b) Use nose jacks when necessary to support a semitrailer and prevent a nose dive
during the loading or unloading.
(8) Operator training.
(a) Develop and use a training program for operators of powered industrial trucks. The
employer or an outside training entity may give the training. It must contain at least the
following:
(A) A study and test portion covering at least the rules in this standard, the
information provided by the manufacturer for operation of the equipment and any
special information dictated by the operating environment.
(B) A behind-the-wheel driving portion, supervised by a person competent in the
operation of the particular equipment and familiar with the area and circumstances
of its use.
(C) Tailor both parts to the specific type of equipment, the material being handled and
the location of its use.
(b) Only fully trained workers may operate powered industrial trucks, except those under
direct supervision as part of the behind-the-wheel training program.
(c) Conduct refresher training for drivers annually or when their driving record indicates
the need for additional training, whichever is more frequent.
(d) Employers may not consider a new worker trained and qualified based on experience
from a previous employer unless the previous experience was on the same type of
equipment under substantially the same operating circumstances and the worker had a
safe operating record acceptable to the new employer.
(9) Truck operations.
(a) Do not drive a powered industrial truck up to anyone standing in front of a fixed
object.
(b) Do not stand or pass under the elevated part of a powered industrial truck.
(c) Only the operator may ride on a powered industrial truck unless it has a second seat
or area intended for another rider.
(d) Do not put any part of the body between or reach through the uprights of the mast or
outside the running lines of the truck.
(e)
(A) Fully lower the forks or platform on an unattended powered industrial truck. Also,
neutralize the controls, turn off the power, and set the brakes. Block the wheels if it is
on an incline.
N
FORKLIFTS & OTHER POWERED
INDUSTRIAL TRUCKS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(9)(e)(B) – (10)(c) N-10 437-004-1700
(B) Unattended is when the operator is 25 feet or more away but vehicle remains in
view or anytime the vehicle is not in view.
(C) When the operator gets off the truck but is within 25 feet and can still see it, the
forks or platform must be down, the controls in neutral and the brakes set, unless
loading or unloading items to or from the forks or platform.
(f) Keep a safe distance from the edge of ramps or platforms while on an elevated dock,
platform or freight car.
(g) Whenever a truck has vertical only, or vertical and horizontal controls that elevate
with the lifting carriage or forks for lifting personnel, do the following:
(A) Use a safety platform secured to the lifting carriage and/or forks.
(B) Have a way for people on the platform to shut off power to the truck.
(C) Provide protection from falling objects as necessary by the operating conditions.
(h) When using a forklift to lift people, take the following precautions:
(A) Use a platform with standard guardrails secured to the lifting carriage or forks.
(B) The hydraulic system must not be able to drop faster than 135 feet per minute if
any part of the system fails.
(C) Someone must be in the operator’s station while workers are on the platform.
(D) Someone must be in the normal operating position while raising or lowering the
platform.
(E) Other than very slow inching, do not move the truck from point-to-point with the
platform raised more than 4 feet while workers are on it.
(F) There must be a guard on the area between the platform and the mast to prevent
contact with chains or other shear points.
(10) Traveling.
(a) Climb or descend grades slowly.
(A) Drive loaded trucks with the load upgrade if the incline is steep enough to spill the
load.
(B) Tilt the load back and raise the forks or platform only as far as necessary to clear
the road surface.
(b) Drive only as fast as conditions permit, leaving enough time to stop.
(c) Slow down on wet and slippery surfaces.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
FORKLIFTS & OTHER POWERED
INDUSTRIAL TRUCKS
N
437-004-1700 N-11 (10)(d) – (12)(l)
(d) Do not run over loose objects.
(11) Loading.
(a) Do not handle loads heavier than the rated capacity of the truck.
(b) Treat trucks with attachments as partially loaded trucks when not handling a load.
(c) The forks or platform must be under the load as far as possible and the mast tilted
backward to stabilize the load.
(d) Do not tilt forward with forks or platform elevated except to pick up a load. Do not tilt
an elevated load forward except when it is in a deposit position over a rack, chute or
stack. When stacking or tiering, use only enough backward tilt to stabilize the load.
(12) Maintenance of powered industrial trucks.
(a) If a powered industrial truck needs repair, take it out of service until repairs are done.
(b) Do not add fuel while the engine is running.
(c) Clean up spilled oil or fuel or allow it to completely evaporate before restarting the
engine. Do not use the vehicle without the fuel filler cap in place.
(d) Do not use a flame to check the electrolyte level in batteries or the level in fuel tanks.
(e) Only authorized persons may repair powered industrial trucks.
(f) Disconnect the battery before working on the electrical system.
(g) Use only replacement parts that assure equivalent safety as the originals.
(h) Do not change the relative positions of parts from what they were when the vehicle
was made. Do not remove parts except as in (l) below. Do not add counter weighting
to fork trucks without approval by the manufacturer.
(i) Check powered industrial trucks daily before using them. Do not use them if any
condition is found that adversely affects the vehicle’s safety.
(j) Remove from service any vehicle that gives off hazardous sparks or flames.
(k) Keep powered industrial trucks clean, free of lint, excess oil, and grease. Clean the
trucks with noncombustible cleaners. Do not use low flash point (below 100 degrees F.)
solvents. Follow the directions on the cleaner’s label.
(l) You may convert powered industrial trucks from gasoline to liquefied petroleum gas
fuel if the converted truck complies with the specifications for LP or LPG trucks. Use only
approved conversion equipment.
N
FORKLIFTS & OTHER POWERED
INDUSTRIAL TRUCKS / HELICOPTERS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-1700(13) N-12 437-004-1750(10)
(13) Control of gases and fumes. Take effective measures to keep the concentration
levels of carbon monoxide gas created by powered industrial trucks below the levels in 4/Z,
OAR 437-004-9000.
(14) ROPS requirements. Rollover protective structures are covered in 4/U, OAR 437-004-
3650.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
437-004-1750 Helicopters.
(1) Scope. This applies to the use of helicopters to harvest ornamental trees.
(2) Briefing. You must hold a briefing before each day’s work that covers the safety and
communication procedures for the pilot and ground personnel.
(3) Flight path. There must be an established flight path from the pick up point. All
employees in the area must know this path before lifting the first load from a new job
site or when there is a change in procedures.
(4) Area under the flight path. Equipment or employees must not occupy the area under
the flight path during helicopter flight.
(5) Drop zone – where. A pilot and responsible supervisor must establish the location of
the drop zone, decking areas, loading areas, and designated safety zones, taking into
consideration current operating conditions. Notify all workers on the landing when a change
in operating procedures is necessary.
(6) Drop zone – how big. The landing drop zone must be large enough to handle all
incoming bundles of trees without crowding the landing crew.
(7) Under the load of helicopter. Workers must never be under the load or the helicopter
except one person to hook up or unhook the load. Workers may approach the load to pull
the rigging only after the helicopter leaves the area above the landing.
(8) Landing. Landings must have the minimal slope necessary for drainage in the drop
zone and decking area to prevent bundles from rolling.
(9) Approach. The approach to the landing must be as clear as possible.
(10) Loads. Loads must be properly slung. Tag lines must be short enough to prevent their
being drawn up into the rotors. On freely suspended loads, you must use pressed sleeves,
swedged eyes or equivalent means to prevent hand splices from spinning open or cable
clamps from loosening.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
HELICOPTERS
N
437-004-1750 N-13 (11) – (23)
(11) Electric cargo hooks. All electrically operated cargo hooks must have an electrical
activating device that prevents inadvertent operation. They must also have an emergency
mechanical control for releasing the load. A competent person must test the hooks before
each day’s operation to assure that the release functions properly, both electrically and
mechanically.
(12) Hardhats. Workers must wear hardhats secured with chin straps, eye protection and
other personal protective equipment when in the load receiving area.
NOTE: See Division 4/I for specific requirements about Personal Protective Equipment.
(13) Clothing. Workers must not wear loose-fitting clothing that could flap in rotor
downwash and snag on the hoist line.
(14) Flying objects. Take all necessary precautions to protect employees from flying
objects in the rotor downwash. Secure or remove all loose gear within 100 feet of the
pickup or landing area.
(15) Hook approach. There must be a safe way for employees to reach the hoist line hook
and engage or disengage cargo slings.
(16) Rubber gloves. Workers must wear rubber gloves when handling suspended lines or
they must use a grounding device to discharge static charges before touching the load.
(17) Weight limit. The weight of lifted loads must not exceed the helicopter manufacturer’s
rating.
(18) Limited visibility. The employer must ensure that when there is limited visibility
because of dust or other conditions workers use special caution to keep clear of main and
stabilizing rotors. The employer must also take precautions to eliminate, as far as practical,
the dust or other conditions reducing visibility.
(19) Signal systems. The employer must instruct the aircrew and ground personnel on
the signal systems in use and must review the system with the employees before flight
operations begin. This applies to both radio and hand signal systems.
(20) Approach limit. Do not allow workers to approach within 50 feet of the helicopter when
the rotor blades are turning, unless work duties require their presence in that area.
(21) Stay in view. Require employees who must approach the helicopter when blades are
rotating to approach or leave in full view of the pilot and stay in a crouched position. Do not
allow workers to be in the area from the cockpit or cabin rearward while blades are rotating.
(22) Communication. There must be constant reliable communication between the pilot
and a designated member of the ground crew in the pickup and landing area. The
designated member must be clearly distinguishable from other ground personnel.
(23) Fire. There must be no open fires where they could be spread by the rotor downwash.
N
HELICOPTERS / ROPE,CHAIN,
RIGGING, & HOISTS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-1750(24)(a) N-14 437-004-1805(2)
(24) Fueling. Helicopter fueling areas must be separate from all other operations.
(a) Refueling of any type helicopter with aviation gasoline or Jet B (Turbine) type fuel
must never be allowed while the engine is running.
(b) Refuel helicopters that use Jet A (turbine kerosene) type fuel with engines running
only if these criteria are met:
(A) No unauthorized employees are within 50 feet of the operation or equipment, and;
(B) Fire extinguishers are available and have a combined rating of at least
16A:160BC.
(c) Train employees in the refueling operation and the use of the available fire
extinguishing equipment.
(d) There must be no smoking, open flames, exposed flame heaters, flare pots or open
flame lights within 50 feet of the fueling area or fueling equipment. The fueling area must
be posted with “NO SMOKING” signs.
EXCEPTION: Aircraft pre-heaters are exempt. However, do not fuel while the heaters are in
operation.
(e) Before refueling, ground the fueling equipment and the helicopter and electrically
bond the fueling nozzle to the helicopter. Using conductive hose does not accomplish
this bonding. All grounding and bonding connections must be electrically and
mechanically firm to clean unpainted metal parts.
(f) Pump fuel only by hand or power, do not pour or use gravity flow. Nozzles must be
self-closing or have deadman controls and must not be blocked open. Do not drag
nozzles on the ground.
(g) In case of a spill, immediately stop fueling until the person in charge determines that it
is safe to resume the operation.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-1805 Rope, Chain, Rigging, and Hoists.
(1) Scope. These are standards for the safe use of hoists, rope, chain, and fittings.
(2) Definitions.
Mousing – Using small cordage or wire to prevent unintended separation of rigging
components.
Rope – Wire rope unless otherwise specified.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
ROPE, CHAIN, RIGGING, & HOISTS /
TACKLE & HOISTING EQUIPMENT
N
437-004-1805(3) N-15 437-004-1825(1)(b)
(3) Loading and capacity. Do not load any rigging equipment or hoisting device more than
its rated safe working load or capacity.
(4) Inspection. Inspect rigging and hoisting devices before use and as necessary during
use to ensure safety. Immediately remove from service defective rigging or hoisting devices.
(5) Operators – handling loads.
(a) Workers must not ride hooks, slings, rigging, or loads. Suspend or elevate a person
only when using a safe personnel lift.
(b) Personnel lift must meet these requirements:
(A) The structure must be rigid and strong enough to support loads with a safety
factor of four times the intended load.
(B) The personnel lift must be big enough to accommodate all persons without
crowding, and to provide sufficient work space so workers will not hinder or
obstruct each other.
(C) There must be standard guardrails on all sides of the personnel lift. (See 4/D,
OAR 437-004-0320(6) for guardrail design specifications.)
(D) The personnel lift must have supports on all four corners that provide full stability
against tipping while occupied.
(E) Secure the load lifting attachment for the personnel lift to the crane or derrick
hook in a way that will prevent accidental release.
(c) Only one person will give operating signals during hoisting operations.
EXCEPTION: In an emergency, anyone may give a “stop” signal; such signal must be obeyed.
(d) All persons must be in the clear before a signal is given to move a load or equipment.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-1825 Tackle and Hoisting Equipment.
(1) Blocks, sheaves, shackles and drums.
(a) Use only sheaves and drums with diameters recommended by the wire rope
manufacturer for the size rope.
(b) Secure all pins, including bearing and yoke pins, of all blocks against accidental
displacement.
N
TACKLE & HOISTING EQUIPMENT
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(1)(c) – (3)(c) N-16 437-004-1825
(c) Fit all blocks with line guards or design and use them in a way that prevents fouling.
(d) Sheaves carrying ropes that can be momentarily unloaded must have close-fitting
guards or other suitable devices to guide the rope back into the groove when the load is
applied again.
(e) Secure shackle pins used to hang blocks, jacks, or rigging, or that have hoisting
chain, with: a bolt, nut and cotter pin (safety-type shackle); a screw pin with cotter pin; or
they must be securely moused.
(f) Shackles used to hang blocks, jacks, or other rigging that can experience stress
greater than that imposed by a single part of the pulling line must have a strength
equal to but not less than two times the stress imposed by the pulling line.
(g) All shackles used for joining or attaching lines must have a strength of not less than
1 1/2 times that of the lines they join.
(h) Use clamps, socketing or other equal ways to securely fasten ends of lines attached
to drums. Always keep at least two wraps of lines on drums.
(i) Do not guide lines onto drums with your hands in direct contact with the line. Use a
guide pulley, tool, stick or other mechanical means to guide lines onto drums.
(2) Chains.
(a) Repair or remove from use hoisting chain when the increase in length (stretch) of
the measured section exceeds 5 percent; or when there is a bent, twisted, or otherwise
damaged link, or when raised scarfs or defective welds appear.
(b) Do not tie knots in a chain.
(c) Do not use lap links, cold shuts, or patent repair links for hoist chains or slings unless
they are stronger than the chain.
(d) End fastenings must be capable of holding sustained loads equal to the breaking
strength of the chain.
(3) Hooks and attachment devices.
(a) Remove from service any distorted or deformed hooks, rings, shackles, and other
attachment devices or end fastenings.
(b) Do not use makeshift hooks, links, or fasteners such as those formed from rods,
bolts, etc., or other such devices. Use only approved factory-made attachments or
fasteners.
(c) When necessary to prevent lifting attachments from inadvertently lifting out of the
hook, use a safety-type hook or other device.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
TACKLE & HOISTING EQUIPMENT
N
437-004-1825 N-17 (4)(a) - (5)(e)
(4) Wire rope.
(a) Wire rope and replacement wire rope must be the same size, same or better grade,
and same construction as originally furnished by the equipment manufacturer or
contemplated in the design, unless otherwise recommended by the equipment or wire
rope manufacturer.
(b) Guard running wire ropes if they are within 7 feet of the floor or platform.
(c) Prevent friction of ropes with other objects that will cause chafing or breaking of wires.
Use thimbles of proper size for the rope in all eye-splices to prevent friction and chafing
of the eye.
(d) Remove from use wire rope used as guys, for hoisting or supporting objects, in cable-
operated components, and on winches or drums, when any of the following exist:
(A) In standing ropes, more than two broken wires in one lay in sections beyond end
connections or more than one broken wire at an end connection.
(B) Corroded, damaged, or improperly aligned end connections.
(C) Evidence of any heat damage from any cause.
(D) Wear of 1/3 the original diameter of outside individual wires. Kinking, crushing,
bird caging, or any other damage resulting in distortion of the rope structure.
(E) Reductions from nominal diameter exceeding those in Table 1.
Table 1
Rope Size (inches)
Max Reduction (inches)
Up to 5/16
3/8 to 1/2
9/16 to 3/4
7/8 to 1 1/8
1 1/4 to 1 1/2
1/16
1/32
3/64
1/16
3/32
(5) Cable clips or clamps.
(a) When using cable clips or clamps for forming eyes, apply the U-bolt so that the “U”
section contacts the dead end of the rope.
N
TACKLE & HOISTING EQUIPMENT
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(b) – (6)(c) N-18 437-004-1825
(b) When using U-bolt rope clips for forming eyes, use Table 2 to figure the number and
spacing of clips.
Table 2
Rope Diameter
(inches)
Number of Clips
Minimum Spacing
(inches)
Drop Forged
Other Material
1/8 to 1/4
5/16 to 3/8
7/16 to 9/16
5/8
3/4
7/8
1
1 1/8
2
3
3
3
4
4
5
6
2
3
4
4
5
5
6
6
1 1/2
2 1/4
3
3 3/4
4 1/2
5 1/4
6
6 3/4
(c) The use of cable clips or clamps is acceptable only where they are readily accessible
and subject to frequent inspection. Clips and clamps must be the correct size and
properly applied. (See (5)(a) and (5)(b) above.)
(d) Do not use cable clips or clamps for joining lines except where transferring slack lines
from one place to another.
(e) Do not use knots or combination knots and cable clip or clamp attachments as end
connections for any hoisting rope or sling.
EXCEPTION: This rule does not apply to drop hammers of pile drivers.
(6) Fiber rope.
(a) Inspect fiber rope frequently. Do not use rope that shows visual signs of excessive
wear, abuse, spots indicating caustic or acid damage, or other defect that would reduce
the rated strength below the safe working load.
NOTE: The following procedure is recommended for inspection of rope:
(1) Examine the entire length of the rope for cuts or severe abrasions.
(2) Look for spots indicating acid damage.
(3) If there are acid spots, throw a twist in and out of the rope where the spots are; take
a short kink in the rope and put on a strain. If the rope has acid damage, you will notice a
weakness of the fibers.
(b) In manila rope, eye splices must have at least three full tucks, and short splices must
have at least six full tucks (three on each side of the centerline of the splice).
(c) In layered synthetic fiber rope, eye splices must have at least four full tucks, and short
splices at least eight full tucks (four on each side of the centerline of the splice).
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
TACKLE & HOISTING EQUIPMENT
N
END OF DOCUMENT –
437-004-1825 N-19 (6)(d) - (6)(h)
(d) In fiber rope splices, do not trim strand end tails short (flush with the surface of the
rope) immediately adjacent to the full tucks. This precaution applies to both eye and
short splices and all types of fiber rope.
(e) For all eye splices in fiber rope, the eye must be big enough to provide an included
angle not more than 60 degrees at the splice when the eye is over the load or support.
(f) Do not use knots instead of splices for joining fiber hoist ropes.
(g) When not in use, store fiber rope under cover in a clean, dry, well-ventilated place,
free from excessive heat, and protected against corrosives and acid.
(h) Do not use frozen fiber rope. Do not heat frozen rope to thaw it out.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
N
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
N-20
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EQUIPMENT GUARDING
O
Subdivision O O-i Table of Contents
TABLE OF CONTENTS
437-004-1910 General Equipment Guarding ................................................................... O-1
(1) Scope ......................................................................................................................... O-1
(2) Definitions .................................................................................................................. O-1
(3) Operating instructions ................................................................................................ O-1
(4) Methods of guarding .................................................................................................. O-1
(5) Strength and design of guards .................................................................................. O-2
(6) Guarding by location .................................................................................................. O-2
(7) Guarding by railings ................................................................................................... O-2
(8) Servicing and maintenance ....................................................................................... O-2
(9) Miscellaneous general requirements ........................................................................ O-2
(10) Machine controls ..................................................................................................... O-3
(11) Anchoring fixed machinery ...................................................................................... O-3
437-004-1940 Farm Field Equipment ............................................................................... O-3
(1) Application ................................................................................................................. O-3
(2) Definition .................................................................................................................... O-3
(3) Power take-off guarding ............................................................................................ O-3
(4) Other power transmission components ..................................................................... O-4
(5) Functional components ............................................................................................. O-4
(6) Access to moving parts ............................................................................................. O-4
(7) Electrical disconnect means ...................................................................................... O-4
(8) Additional requirements ............................................................................................. O-5
437-004-1970 Farmstead Equipment ............................................................................... O-5
(1) Application ................................................................................................................. O-5
(2) Definition .................................................................................................................... O-6
(3) Power take-off guarding ............................................................................................ O-6
(4) Other power transmission components ..................................................................... O-6
(5) Functional components ............................................................................................. O-6
(6) Access to moving parts ............................................................................................. O-7
(7) Additional guarding requirements ............................................................................. O-7
437-004-2000 Powered Saws ........................................................................................... O-8
(1) Scope ......................................................................................................................... O-8
(2) General ...................................................................................................................... O-8
(3) Machine controls and equipment .............................................................................. O-9
(4) Band saws ................................................................................................................. O-9
(5) Radial arm saws ...................................................................................................... O-10
(6) Table saws ............................................................................................................... O-10
(7) Wobble saws ........................................................................................................... O-11
(8) Cracks in blades ...................................................................................................... O-11
O
EQUIPMENT GUARDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
Table of Contents O-ii Subdivision O
437-004-2100 Grinders ................................................................................................... O-11
(1) Scope ....................................................................................................................... O-11
(2) Definitions ................................................................................................................ O-11
(3) Use ........................................................................................................................... O-11
(4) Mounting .................................................................................................................. O-12
(5) Safety guards ........................................................................................................... O-12
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EQUIPMENT GUARDING
O
437-004-1910 O-1 (1) – (4)(a)(B)
437-004-1910 General Equipment Guarding.
(1) Scope – These are general requirements that apply to all equipment.
(2) Definitions.
Ground driven components – Components powered by the turning motion of a wheel
as the equipment travels over the ground.
Guard or shield – A barrier to protect against contact with a moving machine part.
Point of operation – The area of a machine that contacts the work material.
Power take-off shafts – Shafts and universal joints between the tractor, or other power
source, and the first gear set, pulley, sprocket, or other components on power take-off
shaft driven equipment.
(3) Operating instructions.
(a) Instruct every employee on their initial assignment about the safe operation and
servicing of all equipment they will use. Renew this instruction at least annually.
Include at least these safe practices:
(A) Keep all guards in place when the machine is in use;
(B) Permit no riders on farm field equipment other than persons required for
instruction or assistance;
(C) Stop engine, disconnect the power source and wait for all machine movement to
stop before servicing, adjusting, cleaning, or unclogging the equipment. Instruct
employees in the safe procedures necessary to service or maintain the equipment
when it must remain running;
(D) Make sure everyone is clear of machinery before starting the engine, engaging
power, or operating the machine;
(E) Refer to and comply with 4/J, OAR 437-004-1275, Lockout/Tagout.
(4) Methods of guarding.
(a) Except as otherwise stated, prevent contact with moving machinery parts as follows:
(A) By a guard or shield or guarding by location;
(B) When a guard or shield or guarding by location is infeasible, use a guardrail or
fence.
O
EQUIPMENT GUARDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(a) – (9) O-2 437-004-1910
(5) Strength and design of guards.
(a) Design and place guards to protect against inadvertent contact with the hazard.
NOTE: Minimum requirements for guards are in Table 1.
Table 1
Material
Clearance From
Moving Parts at all
Points (inches)
Largest Mesh or
Opening Allowable
(inches)
Minimum Gauge (U.S.
Standard) or
Thickness
Woven Wire
Under 2
2-4
4-15
3/8
1/2
2
No. 16 Gauge
No. 16 Gauge
No. 12 Gauge
Expanded Metal
Under 4
4-15
1/2
2
No. 18 Gauge
No. 13 Gauge
Perforated Metal
Under 4
4-15
1/2
2
No. 20 Gauge
No. 14 Gauge
Sheet Metal
Under 15
No. 22 Gauge
Plastic
Under 15
Tensile strength of
10,000 lb/in (2)
(b) Unless otherwise specified, each guard and its supports must be able to withstand
the force applied to it.
(c) Guards must be free from burrs, sharp edges, and sharp corners. Secure guards to
the equipment or building.
(6) Guarding by location. A component is guarded by location during operation,
maintenance, or servicing when, because of its location, no employee can inadvertently
come in contact with the hazard.
(7) Guarding by railings. Use guardrails or fences to protect employees from inadvertently
entering the hazardous area.
(8) Servicing and maintenance. When a moving machinery part presents a hazard during
servicing or maintenance, stop the engine, disconnect the power source, and wait for all
machine movement to stop before proceeding, except where the employer can establish
that:
(a) the equipment must be running for proper service or maintenance; and
(b) service or maintenance is not possible while a guard or guards required by these
rules are in place.
(9) Miscellaneous general requirements. Cover or install a guard on machines that throw
stock, material, or objects. (Such machines as rip saws, rotary mowers and beaters, rotary
tillers are a few in this classification.)
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EQUIPMENT GUARDING
O
437-004-1910(10)(a) O-3 437-004-1940(3)(c)
(10) Machine controls.
(a) A power control switch to stop the machine or machine feed must be within reach of
the operator without leaving their normal operating position.
(b) Mark the power control switch to indicate its function and the machine that it controls.
Indicate the positions of ON and OFF.
(c) On fixed machines, use red or orange to mark “Stop” buttons. Each machine must
have one or more stop buttons at or near to the working position of the operator(s).
(d) Locate and guard the machine control switch to prevent its unexpected or accidental
movement. Recess electrical switch “Start” buttons.
(11) Anchoring fixed machinery. Securely anchor machines designed for a fixed location
to prevent walking or moving.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-1940 Farm Field Equipment.
(1) Application.
Rule 437-004-1940 applies to all farm field equipment except that the parts below do not
apply to equipment manufactured before October 25, 1976:
1940(4)
1940(5)
1940(6)(b)(A)
(2) Definition.
Farm field equipment – Tractors or implements, including self-propelled implements, or
any combination.
(3) Power take-off guarding.
(a) Guard all power take-off shafts with a master shield or by other protective guarding.
(b) Tractors must have a master shield or guard strong enough to support the operator if
they get on or off the tractor using the shield as a step.
(c) Guard equipment driven by a power take-off to protect against employee contact
with rotating parts of the power drive system. Where power take-off driven equipment
requires removal of the tractor master shield, ensure the equipment includes protection
from that portion of the tractor power take-off shaft that protrudes from the tractor.
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EQUIPMENT GUARDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(d) – (7)(a) O-4 437-004-1940
(d) There must be signs on tractors and power take-off driven equipment to remind
operators to keep safety shields in place.
(4) Other power transmission components.
(a) Guard the mesh or nip points of all power driven gears, belts, chains, sheaves,
pulleys, sprockets, and idlers by protective shield, location, guardrail or fence.
(b) Guard all revolving shafts, including projections such as bolts, keys, or set screws, by
protective shield, location, or guardrail or fence.
(c) Exceptions to the guarding requirements are as follows:
(A) Smooth off shafts and shaft ends (without any projecting bolts, keys, or set
screws), revolving at less than 10 rpm, on feed handling equipment used on the
top surface of materials in bulk storage facilities; and
(B) Smooth off shaft ends protruding less than one-half the outside diameter of the
shaft and its locking means.
(5) Functional components. Guard as much as possible, all moving parts that must be
exposed to operate. Ensure the guard does not interfere with the normal operation of the
equipment. Examples of these components are snapping or husking rolls, straw spreaders
and choppers, cutterbars, flail rotors, rotary beaters, mixing augers, feed rolls, conveying
augers, rotary tillers, and similar units.
(6) Access to moving parts.
(a) Ensure that guards, shields, and access doors are in place when equipment is
running.
(b) Where removal of a guard or access door will expose an employee to any component
that continues to rotate after the power is disengaged, provide the following:
(A) A readily visible or audible warning of rotation; and
(B) A safety sign warning the employee to:
(i) Look and listen for evidence of rotation; and
(ii) Not remove the guard or access door until all components stop.
(7) Electrical disconnect means.
(a) Prevent application of electrical power from a location not under the immediate and
exclusive control of the employee or employees maintaining or servicing equipment by:
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EQUIPMENT GUARDING
O
437-004-1940(7)(a)(A) O-5 437-004-1970(1)
(A) Providing an exclusive, positive locking means on the main or ignition switch
which can be operated only by the employee or employees performing the
maintenance and servicing; or
(B) In the case of material handling equipment in a bulk storage structure, by
physically locating on the equipment an electrical or mechanical means to disconnect
the power.
(b) Ensure all circuit protection devices, including those that are an integral part of a
motor, are of the manual reset type.
(c) Exceptions to (b) above are where:
(A) The employer can establish that because of the nature of the operation, distances
involved and the amount of time normally spent by employees in the area of the
affected equipment, use of the manual reset device would be infeasible;
(B) There is an electrical disconnect switch available to the employee within 15 feet
of the equipment being maintained or serviced; and
(C) There is a sign near each hazardous part warning the employee that unless they
use the electrical disconnect switch, the motor could automatically reset while the
employee is working on the hazardous component.
(8) Additional requirements.
(a) Use a clutch or other effective means for stopping powered machines not driven by
an individual motor.
(b) Ensure sufficient clearance for all friction clutches and keep them adjusted to prevent
any drag or creeping when disengaged.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-1970 Farmstead Equipment.
(1) Application.
Rule 437-004-1970 applies to all farmstead equipment except that the parts below do not
apply to equipment manufactured before October 25, 1976:
1970(4)
1970(5)
1970(6)(b)(A)
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EQUIPMENT GUARDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(2) – (5)(b) O-6 437-004-1970
(2) Definition.
Farmstead equipment – Equipment that is normally stationary. This includes, but is
not limited to, material handling equipment and accessories for this equipment whether
or not it is an integral part of a building.
(3) Power take-off guarding.
(a) Guard all power take-off shafts with either a master shield or by other protective
guarding.
(b) Guard power take-off driven equipment to prevent contact with positively driven
rotating parts of the power drive system. If power take-off driven equipment requires
removal of the tractor master shield, ensure that the equipment includes protection from
that part of the tractor power take-off shaft that protrudes from the tractor.
(c) There must be signs on power take-off driven equipment to remind operators to keep
safety shields in place.
(4) Other power transmission components.
(a) Guard the mesh or nip points of all power driven gears, belts, chains, sheaves,
pulleys, sprockets, and idlers by protective shield, location, guardrail or fence.
(b) Guard all revolving shafts, including projections such as bolts, keys, or set screws, by
protective shield, location, or guardrail or fence.
(c) Exceptions to the guarding requirements are as follows:
(A) Smooth off shafts and shaft ends (without any projecting bolts, keys, or set
screws), revolving at less than 10 rpm, on feed handling equipment used on the
top surface of materials in bulk storage facilities; and
(B) Smooth off shaft ends protruding less than one-half the outside diameter of the
shaft and its locking means.
(5) Functional components.
(a) Guard to the fullest extent all functional components that must be exposed to operate.
The guard must not substantially interfere with the normal operation of the equipment.
Examples of these components are choppers, rotary beaters, mixing augers, feed rolls,
conveying augers, grain spreaders, stirring augers, sweep augers, and feed augers.
(b) Guard sweep arm material gathering mechanisms on the top surface of materials
within silo structures. Locate the lower or leading edge of the guard no more than
12 inches above the material surface and no less than 6 inches in front of the leading
edge of the rotating member of the gathering mechanism. Ensure the guard is parallel
to and extends the fullest practical length of the material gathering mechanism.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EQUIPMENT GUARDING
O
437-004-1970 O-7 (5)(c) – (7)(a)
(c) Paragraph (b) above does not apply to bulk grain storage bins and similar structures
where no workers are present except for installation or removal of the sweep arm
material gathering mechanisms. During such work, disconnect and lockout the electrical
power source following the procedures in OAR 437-004-1275, Division 4/J, Lockout/
Tagout.
(d) Guard exposed auger flighting on portable augers with either grating type guards or
solid baffle style covers as follows:
(A) Ensure the largest dimensions or openings in grating type guards through which
materials must flow are 4 3/4 inches. Ensure the area of each opening is no larger
than 10 square inches. Locate the opening no closer to the rotating flighting than
2 1/2 inches.
(B) Ensure slotted openings in solid baffle style covers are not wider than 1
1/2 inches, or closer than 3 1/2 inches to the exposed flighting.
(C) Openings larger than those in (A) and (B) above are allowable if necessary to
permit the free flow of material that has a tendency to bridge over. Ensure these
openings are no larger than required for proper functioning of the auger. Design,
arrange or locate the guard so that no part of an employee’s body may contact the
auger flighting.
(6) Access to moving parts.
(a) Ensure that guards, shields, and access doors are in place when the equipment is in
operation.
(b) Where removal of a guard or access door will expose an employee to any component
that continues to move after the power is disengaged, provide the following:
(A) A readily visible or audible warning of rotation; and
(B) A safety sign warning the employee to:
(i) Look and listen for evidence of rotation; and
(ii) Not remove the guard or access door until all parts stop.
(c) There must be a guard with openings no larger than 1/2-inch when the blades of a
fan are less than 7 feet above the floor or working level.
(7) Additional guarding requirements.
(a) Properly safeguard carton or bag stitching machines to prevent employees from
contacting the stitching head and other pinch or nip points.
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EQUIPMENT GUARDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-1970(7)(b) O-8 437-004-2000(2)(g)
(b) Guard the point of operation of all machines. Design and construct the guard
to prevent any part of the operator’s body from being in the danger zone during the
operating cycle.
NOTE: Table 2 gives the distances that point-of-operation guards must be from the guarding line
in relation to the size of the opening.
Table 2
Guarding Line or Distance of Opening from
Point of Operation Hazard (inches)
Maximum Width of Opening (inches)
1/2 to 1 1/2
1 1/2 to 2 1/2
2 1/2 to 3 1/2
3 1/2 to 5 1/2
5 1/2 to 6 1/2
6 1/2 to 7 1/2
7 1/2 to 12 1/2
12 1/2 to 15 1/2
15 1/2 to 17 1/2
17 1/2 to 31 1/2
1/4
3/8
1/2
5/8
3/4
7/8
1 1/4
1 1/2
1 7/8
2 1/8
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-2000 Powered Saws.
(1) Scope – This applies to nonportable powered saws.
(2) General.
(a) Machines must not vibrate when the tool is run at full speed.
(b) Arbors and mandrels must have firm and secure bearing and be free from play.
(c) Do not use any automatic cutoff saw that strokes continuously without operator
control of each stroke.
(d) Saw frames and tables must have lugs cast on the frame or an equivalent way to limit
the size of the saw blade to avoid overspeed.
(e) Circular saw fences must attach to the table or table assembly without changing their
alignment with the saw. The fences for tilting tables or tilting arbors must remain parallel
with the saw regardless of the angle of the saw with the table.
(f) Circular saw gages must slide in accurately machined grooves or tracks to insure
exact alignment with the saw for all positions of the guide.
(g) Hinged saw tables must be lockable in any position and in alignment with the saw.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EQUIPMENT GUARDING
O
437-004-2000 O-9 (2)(h) – (4)(b)
(h) Guard all belts, pulleys, gears, shafts, and moving parts to comply with OAR 437-004-
1970, Division 4/O.
(i) Electrically ground all equipment to comply with OAR 437-004-2810, Division 4/S.
(j) A guard must cover the rear portion of the saw beneath or behind the table when
exposed to contact. An exhaust hood may serve this purpose if appropriate.
(k) Do not mount any saw, cutter head or tool collar on a machine not made to work with
them.
(l) There must be combs (featherboards) or suitable jigs to use when a standard guard
cannot be used, like for dadoing, grooving, jointing, moulding, and rabbeting.
(3) Machine controls and equipment.
(a) There must be a mechanical or electrical power control switch so the operator does
not have to leave the point of operation to shut off the machine.
(b) Use a locking-type belt shifter or other positive device on machines driven by belts
and shafting.
(c) Provide a positive method to prevent a machine from automatically restarting after a
power failure.
(d) Locate power and operating controls within reach of the operator. Do not allow
the operator to reach over the cutter head to make adjustments. This does not apply
to constant pressure controls used only for setup.
(e) Provide a positive means to make electric motor driven machine controls and devices
inoperable during repairs or adjustments.
(f) Protect foot-operated controls from unexpected or accidental activation.
(g) Cover feed rolls, of feeder attachments, to protect the operator from contacting
hazardous parts.
(4) Band saws.
(a) Completely enclose band wheels. Construct guards of at least No. 14 U.S. gauge
metal, nominal 2-inch wood material, or mesh or perforated metal of not less than U.S.
gauge No. 20 with 3/8-inch or smaller openings.
(b) Enclose all portions of the band saw blade except the working side of the blade
between the guide and the table.
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EQUIPMENT GUARDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(a) – (6)(f) O-10 437-004-2000
(5) Radial arm saws.
(a) Radial arm saws must have a hood that completely encloses the upper portion of the
blade down to a point that includes the end of the saw arbor.
(b) The saw blade must not extend beyond the front edge of the table or roll case.
(c) A lower blade guard must guard the lower part of the blade and stay in contact with
the material during the entire cut.
(d) When ripping, radial arm saws must have anti-kickback fingers on each side of the
saw.
(e) Mark the direction of saw rotation on the hood.
(f) Attach a permanent warning sign prohibiting rip or plough cuts from the rear of the
guard. Rip and plough only against the direction of blade rotation.
(g) Blades or cutting heads on radial arm saws must automatically return gently and stay
at the back of the table.
NOTE: Use a counterweight or other effective means, a retractor device, or tilt the arm
sufficiently to keep the saw at the back when released by the operator.
(6) Table saws.
(a) Circular crosscut table saws must have a hood that covers the saw at least to the
depth of the teeth.
(b) The hood must automatically adjust itself to the thickness of and remain in contact
with, the material being cut. When the guard may mar the surfaces of material, it may be
raised slightly to avoid contact.
(c) The hood must protect the operator from flying splinters and broken saw teeth.
(d) Fully guard rip table saws, and combination rip and crosscut table saws as required in
OAR 437-004-2000(4)(a) and (b). They must have a spreader and anti-kickback fingers.
The spreader is not necessary when rabbeting, ploughing, grooving or for cutting dados.
(e) Fully guard the part of the table saw beneath the table.
(f) Use push sticks to guide short stock and ends through table saws without self-feeding
devices.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EQUIPMENT GUARDING
O
437-004-2000(7) O-11 437-004-2100(3)(b)
(7) Wobble saws. Do not insert wedges between a saw disk and its collar to form a “wobble
saw” for rabbeting.
NOTE: This rule does not apply to properly designed and adjustable rabbeting blades.
(8) Cracks in blades. Do not use a circular saw blade with a crack greater in length than
those in the following table:
Length of crack
Diameter of saw in inches
1/2-inch
1-inch
1 1/2-inch
12 inches
24 inches
36 inches
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
437-004-2100 Grinders.
(1) Scope – These rules apply to all grinders except:
Standards for portable, hand-held power-driven grinders are in OAR 437-004-2230,
Division 4/P.
Natural sandstone wheels.
Metal, wooden, cloth or paper wheels or discs with a layer or layers of abrasive on the
surface.
(2) Definitions.
Abrasive wheel cutting device made of abrasive grains held together by organic or
inorganic bonds, including diamond and reinforced wheels.
Off-hand grinding – The grinding of anything held in the operator’s hand.
Portable grinding – A grinding operation where the grinding machine is hand held and
easily moved from one place to another.
Safety guard – An enclosure for an abrasive wheel. It has a peripheral and two side
members. Its purpose and design is to contain the pieces of the wheel if the wheel
breaks while in use.
(3) Use.
(a) Mount grinders securely on the floor, bench, foundation or other structure.
(b) Do not use grinders that vibrate or are out-of-balance.
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EQUIPMENT GUARDING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(c) – (5)(b)(B) O-12 437-004-2100
(c) Do not use abrasive wheels that are out-of-round or out-of-balance.
(d) Off-hand grinding machines must have work rests that are:
(A) Rigid and adjustable to compensate for wheel wear.
(B) Kept adjusted to within 1/8-inch of the wheel to prevent work from jamming
between the wheel and the rest.
(C) Securely tightened after each adjustment.
(e) Do not adjust a moving wheel.
(f) Do side grinding only on wheels designed for that purpose.
NOTE: Dressing on the side of straight wheels is acceptable only with very light pressure.
(4) Mounting.
(a) Assure that grinding wheels fit freely but not loosely on the spindle and remain free
under all grinding conditions.
(b) Do not operate an abrasive wheel designed to be held by flanges unless it is properly
mounted between suitable flanges. Flanges must be at least one-third the diameter of
the wheel, except for those types requiring flanges of a special design.
(c) Install blotters (compressible washers) between flanges and abrasive wheel surfaces
to insure uniform distribution of flange pressure.
(d) Properly position the safety guard after mounting a wheel.
(e) Run the grinder at operating speed after mounting an abrasive wheel with the safety
guard in place or in a protected enclosure for at least one minute before using it. Keep
employees away from the front of the wheel during this time.
(f) Do not use wheels larger than those recommended by the manufacturer.
(5) Safety guards.
(a) Use abrasive wheels larger than 2 inches in diameter only on machines with safety
guards.
(b) These do not require safety guards:
(A) Specially-shaped abrasive wheels mounted in a mandrel-type bench or floor
stand and used for and commonly known as “sickle grinding stones or wheels.”
(B) Abrasive wheels where the work itself provides full protection but only while the
wheel is within the area of protection.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
EQUIPMENT GUARDING
O
END OF DOCUMENT –
437-004-2100 O-13 (5)(b)(B) Note – (5)(e)
NOTE: Abrasive wheel safety guards must meet the design specifications of the American
National Standard Code for the Use, Care, and Protection of Abrasive Wheels (ANSI B7.1-
1988).
(c) Abrasive wheels must have guards that cover the spindle end, nut, and outer flange
projection of the wheel. Guard the sides and periphery of the wheel except for that
degree of exposure permitted below.
(A) Bench and floor stands.
(i) The maximum permissible angle of exposure is 90 degrees. Begin this
exposure at a point not more than 65 degrees above the horizontal plane of the
wheel spindle.
(ii) Do not exceed 125 degrees exposure where the nature of the work requires
contact with the wheel below the horizontal plane of the spindle. Begin this
exposure at a point not more than 65 degrees above the horizontal plane of the
wheel spindle.
(B) Swing frame grinders. The maximum permissible angle of exposure is 180 de-
grees. Enclose the top half of the wheel.
(C) Top grinding. Do not exceed 60 degrees exposure of the grinding wheel peri-
phery where the work contacts the top of the wheel.
(d) The peripheral protecting part of safety guards must adjust to compensate for wheel
wear when the operator stands in front of the opening.
(e) Maintain 1/4-inch between the wheel periphery and the adjustable tongue or the
guard above the wheel.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
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Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
O-14
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
SMALL TOOLS
P
Subdivision P P-i Table of Contents
TABLE OF CONTENTS
437-004-2220 General Requirements – Small Tools ........................................................ P-1
437-004-2230 Guarding and Operation of Portable Powered Tools ................................. P-2
(1) Portable powered tools ............................................................................................... P-2
(2) Pneumatic tools and hose .......................................................................................... P-3
(3) Portable abrasive wheels ........................................................................................... P-4
(4) Tools driven by internal combustion engines ............................................................. P-8
(5) Explosive actuated fastening tools ............................................................................. P-9
437-004-2240 Power Lawnmowers ................................................................................. P-13
(1) General requirements ............................................................................................... P-13
(2) Walk-behind and riding rotary mowers ..................................................................... P-14
(3) Walk-behind rotary mowers ...................................................................................... P-14
(4) Riding rotary mowers ................................................................................................ P-15
437-004-2260 Other Portable Tools and Equipment ....................................................... P-16
(1) Jacks ......................................................................................................................... P-16
(2) Abrasive blast cleaning nozzles ............................................................................... P-16
(3) Hand powered equipment ........................................................................................ P-16
(4) Wheelbarrows, hand trucks, dollies, pallet jacks ..................................................... P-17
(5) Varmint killers (explosive gas and oxygen) .............................................................. P-17
P
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
P-ii
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GENERAL REQUIREMENTS –
SMALL TOOLS
P
437-004-2220 P-1 (1) – (11) Note
437-004-2220 General Requirements Small Tools.
(1) Employers are responsible for the safe condition of tools and equipment used by
employees. This includes tools and equipment that belong to employees.
(2) Do not use defective tools.
(3) When not in use, place tools where they will not create a hazard.
(4) Do not use tools whose electric cords have damaged insulation or defective parts.
(5) Do not leave power supply lines or hoses where they may be damaged or create a
hazard.
(6) Tool handles must have no sharp edges or splinters and must be firmly attached to the
tool. Wooden handles of tools must be of firm straight grained stock.
(7) Dress or grind the heads of shock tools (such as hammers, sledges, and cold chisels) as
they begin to mushroom or crack. When they show a tendency to chip, take them out of
service.
(8) Keep the cutting edges of tools uniformly sharp.
(9) Use heavy leather holsters, guards or equivalent protection for sharp-edged or sharp-
pointed tools carried on the worker’s person.
(10) When using sharp-edged cutting tools, wear appropriate protective equipment such as
gloves, aprons and leg guards.
(11) Use spark-resistant hand tools in explosive or flammable atmospheres.
NOTE: Compressed air used for cleaning. See 4/M, OAR 437-004-1505(4) for rules about
cleaning with compressed air or gas.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
P
GUARDING & OPERATION OF
PORTABLE POWERED TOOLS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(1)(a)(A) – (1)(b)(C) P-2 437-004-2230
437-004-2230 Guarding and Operation of Portable Powered Tools.
(1) Portable powered tools.
(a) Portable circular saws.
(A) All portable, power-driven circular saws with a blade diameter greater than
2 inches must have guards above and below the base plate or shoe. The upper
guard must cover the saw to the depth of the teeth, except for the minimum arc to
permit tilting the base for bevel cuts. The lower guard must cover the saw to the
depth of the teeth, except for the minimum arc that allows proper retraction and
contact with the work. When the tool is taken out of the work, the lower guard must
automatically and quickly return to covering position. This does not apply to meat
cutting saws.
(B) In addition to the provisions in (1)(a)(A) above, the lower guard must have a lug
or lever, remote from the blade teeth, that allows the operator to safely lift the guard
for starting unusual cuts.
(b) Switches and controls.
(A) All hand-held powered circular saws with a blade diameter more than 2 inches,
electric, hydraulic or pneumatic chain saws and percussion tools without positive
accessory holding means must have a constant pressure switch or control that will
shut off the power when pressure is released.
(B) The following hand-held powered tools must have a constant pressure control
switch. They may have a lock-on control if a single motion of the same finger or
fingers that turns it on can turn it off.
(i) Tappers, drills, fastener drivers, horizontal, vertical and angle grinders with
wheels more than 2 inches in diameter. Disc sanders with discs more than
2 inches in diameter. Belt sanders, reciprocating saws, saber, scroll and jig saws
with blade shanks more than a nominal 1/4-inch and other similarly operating
powered tools.
(C) All other hand-held powered tools may have either a positive “on-off” control, or
other controls as in (1)(b)(A) and (B) above.
(i) Saber, scroll and jig saws with non-standard blade holders may use blades
with shanks which are non-uniform in width, if the narrowest part of the shank is
an integral part in mounting the blade.
(ii) Measure the blade shank width at the narrowest part of the blade when saber,
scroll and jig saws have non-standard blade holders.
(iii) “Nominal” in this subparagraph means +0.05-inch.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GUARDING & OPERATION OF
PORTABLE POWERED TOOLS
P
437-004-2230 P-3 (1)(b)(D) – (1)(c)(L)
(D) Exclusions. This subparagraph does not apply to concrete vibrators, concrete
breakers, powered tampers, jack hammers, garden appliances, household and
kitchen appliances, personal care appliances or to fixed machinery.
(c) Power chain saws.
(A) In addition to (1)(b)(A) above, all power chain saws must meet American National
Standard B175.1-1991, Safety Code for Power Chain Saws.
(B) Inspect power chain saws daily when in use and always keep them in good
repair. Do not use saws with cracked or loose handle bars or defective parts.
(C) Stop power chain saw engines before fueling.
(D) Power chain saws must have a working chain brake if originally equipped with
one.
(E) Chain brakes and other safety features must always work correctly.
(F) All hand-held gasoline powered chain saws must have a constant pressure
throttle control that will shut off power to the saw chain when the pressure is
released.
(G) Employees using chain saws must wear flexible ballistic nylon pads, chaps or
other equivalent protection in a manner that protects the legs from the thigh to the top
of the boot. Employers must provide and pay for this equipment.
(H) Do not drop-start chain saws or other power saws.
NOTE: Drop-starting saws is permitted outside of the basket of an aerial lift only after
ensuring that the area below the aerial lift is clear of people.
(I) The operator must have secure footing when starting the saw.
(J) Start and operate the saw only when all other workers are clear.
(K) Stop the engine when carrying the power saw but not between cuts during
consecutive felling, bucking, limbing or cutting operations.
(i) The chain must not be turning and the operator’s hand must be off the throttle
lever while moving between work locations.
(ii) Carry small chain saws at your side with the bar of the saw pointed to the rear.
(L) Stop the engine for all cleaning, refueling, adjustments, and repairs to the motor.
P
GUARDING & OPERATION OF
PORTABLE POWERED TOOLS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(1)(d) – (3) P-4 437-004-2230
(d) Portable belt sanders. Belt sanders must have guards at each nip point where the
sanding belt runs onto a pulley. These guards must prevent the operator’s hands or
fingers from contacting the nip points. The unused run of the sanding belt must have
guards against accidental contact.
(e) Cracked saws. Do not use cracked saws.
(f) Grounding. Portable electric powered tools must meet the requirements of
Subdivision 4/S.
(2) Pneumatic tools and hose.
(a) Only use compressed air supply hose and hose connections rated for the pressure
and service required by the tools they serve.
(b) There must be a shut-off valve at the manifold or permanent pipe outlet of the
compressed air supply.
(c) Do not couple or uncouple hose without first shutting off the compressed air supply
unless the couplers have check valves that automatically shut it off.
(d) Pneumatic fastener-driving tools and other power-driven fastener tools, except as
allowed in (e) below, must have a safety device to prevent ejection of nails, staples or
fasteners when the tool is not in firm contact with the work.
(e) You may use power-driven fastener-driving tools without the safety device only when
using staples with a diameter of .0475-inch (18 gauge A.W.G.) or less and the operator
and all workers within 15 feet are wearing suitable eye protection. This does not apply to
office staplers.
(f) Do not use oxygen or combustible gases to drive pneumatic tools.
(g) Direct the exhaust from pneumatic power tools away from the operator.
(3) Portable abrasive wheels.
Definitions.
Mounted wheels. Mounted wheels of 2-inch diameter or smaller, of various shapes.
They may be either organic or inorganic bonded abrasive wheels. They are secured to
plain or threaded steel mandrels.
Organic bonded wheels. Organic wheels are wheels bonded by an organic material
such as resin, rubber, shellac or other similar bonding agent.
Portable grinding. A grinding operation where the grinding machine is hand-held and
may move easily from one location to another.
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GUARDING & OPERATION OF
PORTABLE POWERED TOOLS
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437-004-2230 P-5 (3)
Reinforced wheels. The term “reinforced” as applied to grinding wheels defines a
class of organic wheels that contain strengthening fabric or filament. The term
“reinforced” does not cover wheels using such mechanical additions as steel rings, steel
cup backs or wire or tape winding.
Safety guard. A safety guard is an enclosure to restrain the pieces of the grinding wheel
if it breaks while in use.
Tuck pointing. Removal, by grinding, of cement, mortar or other non-metallic jointing
material.
Tuck pointing wheels. Tuck pointing wheels, Type 1, reinforced organic bonded
wheels have diameter, thickness and hole size dimension. They are subject to the
same limitations of use and mounting as Type 1 wheels.
Limitation: Wheels used for tuck pointing should be reinforced, organic bonded.
Type 11 flaring cup wheels. Type 11 flaring cup wheels have double diameter
dimensions D and J, and in addition have thickness, hole size, rim and back thickness
dimensions. Grinding is always done on the rim face, W dimension. Type 11 wheels are
subject to all limitations of use and mounting listed for Type 6 straight sided cup wheels.
Type 11 Flaring Cup Wheels
Figure 1
Side grinding wheel with a wall flared or tapered outward from the back. Wall thickness at the back is
normally greater than at the grinding face (W).
Limitation: Minimum back thickness, E dimension, should not be less than one-fourth T
dimension. Also, when unthreaded hole wheels are specified the inside flat, K dimension, must
be large enough to hold a suitable flange.
Type 6 straight cup wheels. Type 6 cup wheels have diameter, thickness, hole size,
rim thickness and back thickness dimensions. Grinding is always done on the rim face,
W dimension.
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GUARDING & OPERATION OF
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Oregon Occupational Safety
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(3) Figure 2 – (3)(a)(A) P-6 437-004-2230
Type 6 Straight Cup Wheels
Figure 2
Side grinding wheel with a diameter, thickness and hole with one side straight or flat and the opposite side
recessed. This type, differs from Type 5 in that the grinding is on the wall of the abrasive created by the
difference between the diameter of the recess and the outside diameter of the wheel. Therefore, the wall
dimension "W" takes precedence over the diameter of the recess as an essential intermediate dimension to
describe this shape type.
Limitation: Minimum back thickness, E dimension, should not be less than one-fourth T
dimension. In addition, when unthreaded hole wheels are specified, the inside flat, K dimension,
must be large enough to hold a suitable flange.
Type one straight wheels. Type 1 straight wheels have diameter, thickness and
hole size dimensions and should be used only on the periphery. Mount type 1 wheels
between flanges.
Type 1 Straight Wheels
Figure 3
Peripheral grinding wheel with a diameter, thickness and hole.
Limitation: Hole dimension (H) should not be greater than two-thirds of wheel diameter
dimension (D) for precision, cylindrical, centerless or surface grinding applications. Maximum
hole size for all other applications should not exceed one-half wheel diameter.
(a) General requirements. Use abrasive wheels only on machines with safety guards
as in OAR 437-004-2230(3)(a) through (d).
(A) Exceptions. The requirements of paragraph OAR 437-004-2230(3)(a) do not
apply to the following classes of wheels and conditions.
(i) Wheels for internal work while within the work being ground;
(ii) Mounted wheels, 2 inches and smaller in diameter, used in portable
operations (see definition of Mounted Wheel); and
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GUARDING & OPERATION OF
PORTABLE POWERED TOOLS
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437-004-2230 P-7 (3)(a)(A) – (3)(c)
(iii) Types 16, 17, 18, 18R, and 19 cones and plugs and threaded hole pot balls
where the work offers protection.
(B)
(i) A safety guard must cover the spindle end, nut and flange projections. Mount
the safety guard so as to maintain proper alignment with the wheel. The strength
of the fastenings must exceed the strength of the guard.
(ii) Exception. If the work provides a suitable measure of protection to the
operator, safety guards may allow exposure to the spindle end, nut and outer
flange. Where the work entirely covers the side of the wheel, you may omit the
side covers of the guard.
(iii) Exception. On portable machines designed for and used with, type 6, 11,
27, and 28 abrasive wheels, cutting off wheels and tuck pointing wheels, you may
leave the spindle end, nut and outer flange exposed.
(b) Cup wheels. Protect cup wheels (Types 6 and 11) by:
(A) Using safety guards in OAR 437-004-2230(3)(a); or,
(B) Using special “revolving cup guards” that mount behind the wheel and turn
with it. They must be steel or other material with adequate strength and must
enclose the wheel sides upward from the back for one-third of the wheel thickness.
The mounting features must conform with all regulations. (See OAR 437-004-2230
(3)(e).) Keep a maximum clearance of 1/16-inch between the wheel side and the
guard; or,
(C) Using another form of guard that insures protection equal to that provided by the
guards in OAR 437-004-2230(3)(a)(A) or (B).
(c) Vertical portable grinders. Safety guards on machines known as right angle head
or vertical portable grinders must have a maximum exposure angle of 180 degrees.
Place the guard between the operator and the wheel during use. Adjust the guard to
deflect pieces of a broken wheel away from the operator. (See Figure 4.)
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GUARDING & OPERATION OF
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(3)(c) Figure 4 – (4)(e)(D) P-8 437-004-2230
Figure 4
(d) Other portable grinders. The maximum angular exposure of the grinding wheel
periphery and sides for safety guards used on other portable grinding machines must
not exceed 180 degrees. Enclose the top half of the wheel. (See Figures 5 and 6.)
Figure 5 Figure 6
(e) Mounting and inspection of abrasive wheels.
(A) Immediately before mounting, inspect all wheels to make sure they are not
damaged. Check the spindle speed of the machine before mounting the wheel to
be sure it does not exceed the maximum operating speed marked on the wheel.
(B) Grinding wheels must fit freely on the spindle and remain free under all grinding
conditions. Keep a controlled clearance between the wheel hole and the machine
spindle (or wheel sleeves or adaptors) to avoid excessive pressure from mounting
and spindle expansion.
(C) All contact surfaces of wheels, blotters and flangers must be flat and free of
foreign matter.
(D) When using a bushing in the wheel hole it must not exceed the width of the wheel
nor contact the flanges.
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Oregon Occupational Safety
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GUARDING & OPERATION OF
PORTABLE POWERED TOOLS
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437-004-2230 P-9 (4)(e)(E) – (5)
(E) Do not operate an abrasive wheel designed to be held by flanges unless it is
properly mounted between suitable flanges. Flanges must be at least one-third the
diameter of the wheel, except for those types requiring flanges of a special design.
(F) Install blotters (compressible washers) between flanges and abrasive wheel
surfaces to insure uniform distribution of flange pressure.
(f) Excluded machinery. OAR 437-004-2230(3) does not cover natural sandstone
wheels and metal, wooden, cloth or paper discs with a layer of abrasive on the surface.
(4) Tools driven by internal combustion engines.
(a) Tools driven by internal combustion engines must have a positive “On” and “Off”
ignition switch that will remain in either position.
(b) Tools driven by internal combustion engines must have effective means to control
power except those that operate at constant speed. Throttle controls must return the
engine to idling speed when released.
(c) Tools driven by internal combustion engines must have a self-rewinding starting
device or be equally safe.
(d) Exhaust ports on tools driven by internal combustion engines must have mufflers and
deflect exhaust fumes away from the operator when the tool is in use in its normal
operating position.
(e) Stop the engine before fueling tools driven by an internal combustion engine.
(f) You must be able to quickly remove sling-carried tools powered by attached portable
internal combustion engines.
(g) Inspect the fuel system of sling-carried tools before each use. Fix any defect
immediately.
(5) Explosive actuated fastening tools.
Definitions.
Angle control. A safety feature designed to prevent a tool from operating when tilted
beyond a pre-determined angle.
Cased Power Load. A power load with the propellant contained in a closed case.
Caseless Power Load. A power load with the propellant in solid form not requiring
containment.
Direct-Acting Tool. A tool in which the expanding gas of the power load acts directly on
the fastener to be driven.
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GUARDING & OPERATION OF
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(5) P-10 437-004-2230
Explosive power load, also known as load. Any form of any substance that can
produce a propellant force.
Fixture. A special shield that gives equal protection where the standard shield is not
usable.
Hammer-operated piston tool – low-velocity type. A tool that uses a heavy mass
hammer and a load to move a captive piston to drive a stud, pin or fastener into a work
surface. It always starts the fastener at rest and in contact with the work surface. Its
design must limit the mean velocity of the stud, pin or fastener to a maximum of 300 feet
per second when measured 6.5 feet from the muzzle end of the barrel.
Head. That part of a fastener that extends above a work surface after being properly
driven.
High-velocity tool. A tool or machine that uses a load to propel or discharge a stud, pin
or fastener, at velocities greater than 300 feet per second when measured 6.5 feet from
the muzzle end of the barrel.
Indirect-Acting Tool. A tool in which the expanding gas of the powder load acts directly
on a captive piston that in turn drives the fastener.
Low-velocity piston tool. A tool that uses a load and captive piston to drive a stud, pin
or fastener into a work surface. Its design must limit the mean velocity to a maximum of
300 feet per second when measured 6.5 feet from the muzzle end of the barrel.
Misfire. A condition in which the powder load fails to ignite after an attempt to fire the
tool.
Powder-Actuated Fastening System. A method comprising the use of a powder-
actuated tool, a power load and a fastener.
Powder-Actuated Tool, also known as Tool. A tool that uses the expanding gases from
a power load to drive a fastener.
Protective shield or guard. A device or guard to confine flying particles, attached to the
muzzle end of the tool.
Stud, pin, or fastener. A fastening device specifically designed and manufactured for
use in explosive-actuated fastening tools.
Test Velocity. A series of deliberately free-flighted fasteners whose velocities are
measured 6 1/2 feet from the muzzle end of the tool using accepted ballistic test
methods.
To chamber. To fit properly without the use of excess force and without being loose in
the chamber.
Tool. Unless indicated otherwise, an explosive-actuated fastening tool and all its
accessories.
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PORTABLE POWERED TOOLS
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437-004-2230 P-11 (5)(a)(A) – (5)(b)(A)
(a) General requirements.
(A) Explosive-actuated fastening tools actuated by explosives or any similar means
that propel a stud, pin, fastener or other object to affix it to another object must meet
the design requirements in paragraph (b) below. This requirement does not apply to
devices designed for attaching objects to soft construction materials, such as wood,
plaster, tar, dry wallboard and the like or to stud welding equipment.
(B) Operators and assistants using tools must wear eye protection. If required by
the working conditions, use head and face protection as required under Personal
Protective Equipment (4/I).
(b) Inspection, maintenance, and tool handling.
(A) High-velocity tools. High velocity tools must have these characteristics:
(i) The muzzle end of the tool must have a protective shield or guard at least
3 1/2 inches in diameter, mounted perpendicular to and concentric with the
barrel. It must confine any flying fragments or particles that might be a hazard
when fired.
(ii) Where a standard shield or guard will not work or where it does not provide
adequate protection, an alternate device is acceptable. It must be built by the
manufacturer of the tool, and provide an equal degree of protection.
(iii) It must be impossible to fire the tool unless it has a standard protective shield
or guard, or the special device in (ii) above.
(iv)
(I) The firing mechanism must prevent the tool from firing during loading or
preparation to fire, or if dropped while loaded.
(II) Firing of the tool must require at least two separate and distinct actions of
the operator. The final firing movement must be separate from the action of
bringing the tool into the firing position.
(v) The tool must not work unless the operator is holding the tool against the work
surface with a force at least 5 pounds more than the total weight of the tool.
(vi) The tool must not be operable with the standard guard indexed to the center
position if any bearing surface of its guard tilts more than 8 degrees from contact
with the work surface.
(vii) The tool must have a positive way of varying the power or there must be
some other way for the operator to select a power level adequate to perform the
work without excessive force.
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GUARDING & OPERATION OF
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(5)(b)(B) – (5)(c)(A) P-12 437-004-2230
(B) Tools of the low-velocity piston type must have the characteristics in (i) through
(iv) below.
(i) The muzzle end of the tool must allow suitable protective devices, designed
and built by the manufacturer of the tool, to be mounted perpendicular to the
barrel. There must be a standard spall shield with each tool.
(ii)
(I) In ordinary use the tool must not propel or discharge a stud, pin or fastener
while loading or during preparation to fire or if dropped while loaded.
(II) Firing of the tool must depend on at least two separate and distinct
actions of the operator. The final firing movement must be separate from the
operation of bringing the tool into the firing position.
(iii) The tool must not to be operable unless the operator is holding it against
the work surface with a force at least 5 pounds greater than the total weight of
the tool.
(iv) The tool must have a positive way of varying the power or there must be
some other way for the operator to select a power level adequate to perform
the work without excessive force.
(C) Hammer operated piston tools, low-velocity type, must have the characteristics in
(i) through (iv) below.
(i) The muzzle end of the tool must allow suitable protective devices, designed
and built by the manufacturer of the tool, to be mounted perpendicular to the
barrel. There must be a standard spall shield with each tool.
(ii) In ordinary use the tool must not propel or discharge a stud, pin or fastener
while loading or during preparation to fire or if dropped while loaded.
(iii) Firing of the tool must depend on at least two separate and distinct actions of
the operator. The final firing movement must be separate from the operation of
bringing the tool into the firing position.
(iv) The tool must have a positive way of varying the power or there must be
some other way for the operator to select a power level adequate to perform the
work without excessive force.
(c) Requirements for loads and fasteners.
(A) There must be a standard way to identify the power levels of loads.
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437-004-2230 P-13 (5)(c)(B) - (5)(d)(I)
(B) Do not use a load (cased or caseless) that will accurately chamber in any existing
approved commercially available low-velocity piston tool or hammer operated piston
tool, low-velocity type, if it will cause a fastener to have a mean velocity greater than
300 feet per second when measured 6.5 feet from the muzzle end of the barrel. No
individual test firing of a series can exceed 300 feet per second by more than 8
percent.
(C) Only use fasteners specifically made for a given tool.
(d) Operating requirements.
(A) Before using a tool, inspect it to see that it is clean, all moving parts operate freely
and that the barrel is free of obstruction.
(B) When a tool develops a defect during use, immediately stop using it.
(C) Do not load tools until just prior to the intended firing time. Do not point loaded or
empty tools at anyone.
(D) Do not leave loaded tools unattended.
(E) If the tool misfires, hold it in the operating position for at least 30 seconds. Then
try to operate the tool a second time. Wait another 30 seconds with the tool in the
operating position. If it still does not fire remove the explosive load according to the
manufacturer’s instructions.
(F) Do not leave tools unattended where they are available to unauthorized persons.
(G) Do not drive fasteners into very hard or brittle materials like cast iron, glazed tile,
surface-hardened steel, glass block, face brick or hollow tile.
(H) Do not drive fasteners into soft materials so that the projectile could exit the other
side.
(I)
(i) Do not drive fasteners directly into materials such as brick or concrete closer
than 3 inches from the unsupported edge or corner or into steel surfaces closer
than 1/2-inch from the unsupported edge or corner, unless the tool has a special
guard. (Exception: Low-velocity tools may drive no closer than 2 inches from an edge
in concrete or 1/4-inch in steel.)
(ii) When fastening other materials, such as a 2-inch by 4-inch wood section to a
concrete surface, it is permissible to drive a fastener of no greater than 7/32-inch
shank diameter not closer than 2 inches from the unsupported edge or corner of
the work surface.
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GUARDING & OPERATION OF
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437-004-2230(5)(d)(J) P-14 437-004-2240(2)(b)
(J) Do not drive fasteners through existing holes unless you use a positive guide for
accurate alignment.
(K) Do not drive a fastener into a spalled area caused by an unsatisfactory fastening.
(L) Do not use explosive actuated tools in an explosive or flammable atmosphere.
(M) Use all tools with the correct shield, guard or attachment recommended by the
manufacturer.
(N) Take damaged or defective tools out of service. Inspect tools at regular intervals
and repair them according to the manufacturer’s specifications.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
OR-OSHA Admin. Order 7-2008, f. 5/30/08, ef, 5/30/08.
437-004-2240 Power Lawnmowers.
(1) General requirements.
(a) Powered walk-behind, riding-rotary and reel lawnmowers designed for sale to the
general public must meet the design specifications in “American National Standard
Safety Specifications for Power Lawnmowers” ANSI/OPEI B71.1-1996. These
specifications do not apply to a walk-behind mower converted to a riding mower by the
addition of a sulky. Also, these specifications do not apply to flail mowers, sickle bar
mowers or mowers designed for commercial use.
(b) Guard or place all power-driven chains, belts and gears to prevent accidental contact
with the operator, during normal starting, mounting and operation of the machine.
(c) There must be a shutoff device to stop the motor or engine. It must require manual
and intentional reactivation to restart the motor or engine.
(d) Clearly mark all positions of the operating controls.
(e) The phrase, “Caution. Be sure the operating control(s) is in neutral before starting the
engine,” or similar wording must be clearly visible at an engine starting control point on
self-propelled mowers.
(2) Walk-behind and riding rotary mowers.
(a) Enclose the mower blade except on the bottom. The enclosure must extend to or
below the lowest cutting point of the blade in the lowest blade position.
(b) There must be instructions near the opening warning not to use the mower without
either the catcher assembly or the guard in place. This does not apply to side discharge
mowers or those with a mulching plug in place.
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POWER LAWNMOWERS
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437-004-2240 P-15 (2)(c) - (4)(b)(A)
(c) Properly and completely installed catcher assemblies must not create a hazard.
(d) The word “Caution,” or stronger wording, must be on the mower at or near each
discharge opening.
(e) Blade(s) must stop from the manufacturer’s specified maximum speed within
15 seconds after declutching or shutting off power.
(3) Walk-behind rotary mowers.
(a) The horizontal angle of the grass discharge opening(s) in the blade enclosure, must
not directly discharge toward the operator area.
(b) There must be one of the following at all openings in the blade enclosure intended for
the discharge of grass:
(A) A minimum unobstructed horizontal distance of 3 inches from the end of the
discharge chute to the blade tip circle.
(B) A rigid bar fastened across the discharge opening, secured to prevent removal
without the use of tools. The bottom of the bar must be no higher than the bottom
edge of the blade enclosure.
(c) Keep the handle attached to the mower to prevent loss of control by unintentional
uncoupling while the engine is running.
(d) There must be a positive upstop or latch for the handle in the normal operating
position(s). The upstop must not be subject to unintentional disengagement when using
the mower. The upstop or latch must not allow the center or the handle grips to come
closer than 17 inches horizontally behind the closest path of the mower blade(s) unless
manually disengaged.
(e) A swing-over handle, that complies with the above requirements, is acceptable.
(f) Wheel drive disengaging controls, except deadman controls, must move opposite to
the direction of the vehicle motion in order to disengage the drive. Deadman controls
must automatically interrupt power to a drive when the operator lets go and may operate
in any direction to disengage the drive.
(4) Riding rotary mowers.
(a) Opening(s) must not allow grass or debris to discharge directly toward any part of an
operator seated in a normal operator position.
(b) One of the following must be at all grass discharge openings in the blade enclosure:
(A) A minimum unobstructed horizontal distance of 6 inches from the end of the
discharge chute to the blade tip circle.
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POWER LAWNMOWERS / OTHER
PORTABLE TOOLS & EQUIPMENT
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
437-004-2240(4)(b)(B) P-16 437-004-2260(1)(b)(D)
(B) A rigid bar fastened across the discharge opening, secured to prevent removal
without the use of tools. The bottom of the bar must be no higher than the bottom
edge of the blade enclosure.
(c) Mowers must have stops to prevent jackknifing or locking of the steering.
(d) Mowers must have working brakes or a manufacturer designed system for stopping.
(e) Hand-operated wheel drive disengaging controls must move opposite to the direction
of vehicle motion to disengage the drive. Foot-operated wheel drive disengaging
controls must be depressed to disengage the drive. Deadman controls, both hand and
foot-operated, must automatically interrupt power to a drive when the operator removes
the actuating force and may operate in any direction to disengage the drive.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-2260 Other Portable Tools and Equipment.
(1) Jacks.
Definitions.
Jack. A jack is an appliance for lifting and lowering or moving horizontally a load by
pushing.
Rating. The maximum safe load throughout its course of travel.
(a) Loading and marking.
(A) Do not use a jack with a rating less than the weight of the intended load.
(B) Keep the rated load legibly and permanently marked on the jack.
(b) Operation and maintenance.
(A) If the jack is not on a firm foundation, block its base. If the cap might slip, place a
block between it and the load.
(B) Watch the stop indicator and do not go past the limit of travel.
(C) Quickly crib, block or otherwise secure the load after raising it.
NOTE: This does not apply when changing wheels on 4-wheeled vehicles when only one
wheel is raised and the employee does not place any part of their body under the vehicle.
(D) Hydraulic jacks exposed to freezing temperatures must contain an adequate
antifreeze liquid.
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Oregon Occupational Safety
and Health Division
OTHER PORTABLE TOOLS &
EQUIPMENT
P
437-004-2260 P-17 (1)(b)(E) - (5)(d)
(E) Inspect jacks often enough to assure safe operation but at least:
(i) Once every 6 months for constant or intermittent use; or
(ii) Immediately after an abnormal load or shock.
(F) Mark defective jacks and do not use them until repairs are made.
(2) Abrasive blast cleaning nozzles. Blast cleaning nozzles must have an operating valve
that must be held open manually. Provide a support on which the nozzle may rest when it is
not in use.
(3) Hand-powered equipment.
(a) Each hand-powered hoist must have an effective brake or equivalent and a ratchet
and pawl strong enough to hold the maximum load in any position.
(b) Do not allow hand crank handles to work loose from the drive shaft.
(4) Wheelbarrows, hand trucks, dollies, pallet jacks.
(a) Wheelbarrows, hand trucks, dollies and pallet jacks must be appropriate for the
specific work. Do not load them beyond safe capacity. Bodies and frames must be
metal or strong wood and able to withstand severe handling and the intended loads.
(b) Keep wheelbarrows, hand trucks, dollies and pallet jacks in good repair.
(c) Do not leave wheelbarrows, hand trucks, dollies, and pallet jacks where they can tip,
fall or roll.
(5) Varmint killers (explosive gas and oxygen). A device for injecting a mix of propane
(LPG) and oxygen into ground holes and then igniting it to kill varmints.
Note: OAR 437-004-0710 Compressed Gases apply to all cylinders of gas.
(a) Follow all manufacturer instructions for use and maintenance of this equipment or this
standard, whichever is safest.
(b) When transporting these devices in vehicles (other than in the field of use), or when
done using them for more than one hour, back out the regulator pressure control screws.
(c) Employees under 18 years old may not operate this equipment.
(d) Employers must train all employees to operate this equipment safely and according to
the manufacturer’s instructions and these rules.
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OTHER PORTABLE TOOLS &
EQUIPMENT
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
END OF DOCUMENT –
(5)(e)(A) – (5)(e)(C) P-18 437-0004-2260
(e) Operating procedures.
(A) Tanks, valves, couplings, regulators, hose, and apparatus must be free from oily
or greasy substances. Do not handle oxygen tanks or apparatus with oily hands or
gloves. Never allow a jet of oxygen to strike an oily surface, greasy clothes, or enter a
fuel oil or other storage tank.
(B) Handling tanks.
(i) Unless tanks are secured on a special truck, remove regulators and install
valve-protection caps, when provided, before moving tanks.
(ii) Close tank valves when work is done.
(iii) Close valves of empty tanks.
(iv) Do not use a hammer or wrench to open tank valves. If
(v) opening the valve by hand does not work, check with the supplier.
(vi) Do not repair or tamper with tank valves. Notify the supplier if you have
trouble with a tank and follow their instructions as to its disposition.
(vii) Do not remove the stem from a diaphragm-type tank.
(C) Attachments and use.
(i) Fuel-gas tanks must have the valve end up when they are in use. Store and
ship liquefied gases with the valve end up.
(ii) Before removing a regulator from a tank valve, close the tank valve and
release the gas from the regulator.
(iii) Do not use regulators with cracked, broken, or defective parts.
(iv) Before attaching the regulator to a tank, fully release the regulators pressure
adjusting screw.
(v) Close the tank valve and release the gas from the regulator before removing it
from the tank.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
WELDING
Q
Subdivision Q Q-i Table of Contents
TABLE OF CONTENTS
437-004-2310 General Requirements .............................................................................. Q-1
(1) Scope ......................................................................................................................... Q-1
(2) Definition .................................................................................................................... Q-1
(3) Fire prevention and protection ................................................................................... Q-1
(4) Before beginning ....................................................................................................... Q-1
(5) Welding or cutting containers .................................................................................... Q-2
(6) Protection of personnel ............................................................................................. Q-2
(7) Health protection and ventilation ............................................................................... Q-4
437-004-2350 Oxygen-Fuel Gas Welding and Cutting .................................................... Q-7
(1) Scope ......................................................................................................................... Q-7
(2) General requirements ................................................................................................ Q-7
(3) Cylinders and containers ........................................................................................... Q-7
437-004-2400 Arc Welding and Cutting ......................................................................... Q-13
(1) Scope ....................................................................................................................... Q-13
(2) Instruction ................................................................................................................ Q-13
(3) Application of arc welding equipment ...................................................................... Q-13
(4) Installation of arc welding equipment ...................................................................... Q-14
(5) Operation and maintenance .................................................................................... Q-14
Q
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
Q-ii
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GENERAL REQUIREMENTS
Q
437-004-2310 Q-1 (1) – (4)
437-004-2310 General Requirements.
(1) Scope. This subdivision applies to agricultural welding, except the following types for
which Subdivision 2/Q applies:
Production type or amount of welding.
Welding in confined spaces like tanks, vats, pits, or those defined in Subdivision 4/J,
OAR 437-004-1250(1). This section (4/Q) covers some confined space welding topics.
In those cases, follow this section in addition to the rules in Subdivision 2/Q.
Welding with toxic or dangerous coatings or fluxes. This includes manganese, lead,
zinc, cadmium, mercury, beryllium, or fluorine compounds.
Welding or heating galvanized materials.
(2) Definition.
Welder and welding operator is any operator of electric or gas welding and cutting
equipment.
(3) Fire prevention and protection.
(a) Basic precautions. The basic precautions for fire prevention in welding or cutting
work are:
(A) Fire hazards. Move either the object you are welding or cutting or any movable
fire hazards in the area to a safe place.
(B) Guards. If you can move neither of the above, then use guards to confine the
heat, sparks and slag to protect the immovable fire hazards.
(b) Special precautions. When the work falls within the scope of (3)(a)(B) above,
additional precautions may be necessary:
(A) Combustible material. Wherever there are floor openings or cracks in the
flooring, close them or take precautions so that sparks will not drop through to
combustible materials on the floor below. Use the same precautions with cracks or
holes in walls, open doorways and open or broken windows.
(B) Fire extinguishers. Keep appropriate fire extinguishing equipment ready for
use.
(4) Before beginning. Before beginning, block portable equipment to prevent accidental
movement.
Q
GENERAL REQUIREMENTS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(5)(a) – (6)(b)(B) Q-2 437-004-2310
(5) Welding or cutting containers.
(a) Clean first. Do not weld, use a torch or do abrasive cutting or other hot work on
drums, barrels, tanks or other containers until they have been cleaned so that there are
no flammable materials present or any substances that when subjected to heat, might
produce flammable or toxic vapors. Disconnect and/or blank any pipe lines or
connections to the drum or vessel.
(b) Test often. Use testing equipment prior to and frequently during the welding, torch or
abrasive cutting or other hot work to insure that the container is free and remains free of
flammable or toxic vapors.
(c) Vent and purge. Vent all hollow spaces, cavities or containers to air or allow gases
to escape before preheating, cutting or welding.
(6) Protection of personnel.
(a) General.
(A) Cable. Put welding cable and other equipment so that it is clear of passageways,
ladders and stairways.
(b) Eye protection.
(A) Selection.
(i) Use helmets or hand shields when arc welding or arc cutting, excluding
submerged arc welding. Helpers or attendants must use proper eye protection.
(ii) Use goggles or other suitable eye protection when gas welding or oxygen
cutting. Spectacles without side shields, with suitable filter lenses are acceptable
for gas welding on light work, for torch brazing or for inspection.
(iii) All operators and attendants of resistance welding or resistance brazing
equipment must use transparent face shields or goggles, depending on the
particular job, to protect their faces or eyes.
(iv) Provide suitable goggles for brazing work not covered in (6)(b)(A)(i) through
(6)(b)(A)(iii) above.
(B) Specifications for protectors.
(i) Helmets and hand shields must be an insulator for heat and electricity.
Helmets, shields and goggles must not be flammable and must withstand
sterilization.
(ii) Wear helmets and hand shields to protect the face, neck and ears from direct
radiant energy from the arc.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GENERAL REQUIREMENTS
Q
437-004-2310 Q-3 (6)(b)(B)
(iii) “Lift front” welders’ helmets must have a stationary safety glass on the inside
of the frame next to the eyes to protect the welder from flying particles when the
front is up. Where lens containers do not permit the use of safety glass, wear
safety goggles.
(iv) When not using the “lift front” helmet with three glasses or when using the flat
type helmet, wear other spectacle-type safety goggles in addition to the filter lens
and cover glass.
(v) Use vented goggles to prevent fogging of the lenses as much as practicable.
(vi) Lenses must be tempered glass, substantially free from scratches, air
bubbles, waves and other flaws.
(vii) Lenses must have permanent distinctive markings to show the source and
shade.
NOTE: The following is a guide for the selection of the proper shade numbers. These
recommendations may vary to meet the individual’s needs.
Welding operation
Shade No.
Shielded metal-arc welding – 1/16-, 3/32-, 1/8-, 5/32-inch electrodes
Gas-shielded arc welding (nonferrous) 1/16-, 3/32-, 1/8-, 5/32-inch electrodes
Gas-shielded arc welding (ferrous) 1/16-, 3/32-, 1/8-, 5/32-inch electrodes
Shielded metal-arc welding:
3/16-, 7/32-, 1/4-inch electrodes
5/16-, 3/8-inch electrodes
Atomic hydrogen welding
Carbon arc welding
Soldering
Torch brazing
Light cutting, up to 1-inch
Medium cutting, 1-inch to 6 inches
Heavy cutting, 6 inches and over
Gas welding (light) up to 1/8-inch
Gas welding (medium) 1/8-inch to 1/2-inch
Gas welding (heavy) 1/2-inch and over
11
11
12
12
14
10-14
14
2
3 or 4
3 or 4
4 or 5
5 or 6
4 or 5
5 or 6
6 or 8
Note: In gas welding or oxygen cutting where the torch produces a high yellow light, it is desirable to use a
filter or lens that absorbs the yellow or sodium line in the visible light of the operation.
(viii) Filter lenses must meet the test for transmission of radiant energy
prescribed by any of the consensus standards listed below:
(I) ANSI Z87.1-2003, “American National Standard Practice for Occupational
and Educational Eye and Face Protection;”
(II) ANSI Z87.1-1989 (R-1998), “American National Standard Practice for
Occupational and Educational Eye and Face Protection;” or
Q
GENERAL REQUIREMENTS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(6)(b)(B) - (7)(b)(A) Q-4 437-004-2310
(III) ANSI Z87.1-1989, “American National Standard Practice for
Occupational and Educational Eye and Face Protection.”
NOTE: The Oregon OSHA Resource Center has copies for public review at 350
Winter Street NE, Salem OR 97309-0405.
(c) Protective clothing. Protect employees exposed to the hazards created by welding,
cutting or brazing with personal protective equipment according to 4/I, OAR 437-004-
1005.
(A) Material. Do not wear clothing that is easily ignited or highly flammable, like that
made from synthetic materials.
(d) Work in confined spaces.
(A) General. Where a welder must enter a confined space, follow the rules for con-
fined space work elsewhere in this Subdivision, 4/Q, and in 4/J, 437-004-1250.
(B) Ventilation. Ventilation is a prerequisite to work in confined spaces. For
ventilation requirements see OAR 437-004-2310(7).
(C) Securing cylinders and machinery. When welding or cutting is done in any
confined space, the gas cylinders and welding machines must be left on the outside.
Before starting, block heavy portable equipment wheels to prevent accidental
movement.
(D) Electrode removal. When you stop arc welding for a period of time, like lunch or
overnight, remove all electrodes from the holders and turn the machine off.
(E) Gas cylinder shutoff. When you stop gas welding or cutting for a period of time,
like lunch or overnight, close the torch valves and shut off the gas supply to the torch
at a point outside the confined area.
(7) Health protection and ventilation.
(a) General. Use general ventilation or a local exhaust system to keep the amount of
toxic fumes, gases, or dusts below the limits in 4/Z, 437-004-9000.
(b) Ventilation for general welding and cutting.
(A) General. Use mechanical ventilation when welding or cutting on metals not
covered in (7)(e) through (7)(h) below. (For specific materials, see the ventilation
requirements of (7)(e) through (7)(h) below.)
(i) In a space of less than 10,000 cubic feet (284 m
3
) per welder.
(ii) In a room having a ceiling height of less than 16 feet (5 m).
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
GENERAL REQUIREMENTS
Q
437-004-2310 Q-5 (7)(b)(A) - (7)(d)(E)
(iii) In confined spaces or where the welding space contains partitions, balconies
or other structural barriers to the extent that they significantly obstruct cross
ventilation.
(c) Local exhaust hoods and booths. Mechanical local exhaust ventilation may be by
means of either of the following:
(A) Hoods. Place movable hoods as close as practical to the work and with enough
airflow for a velocity in the direction of the hood of 100 linear feet (30 m) per minute in
the welding zone. The rates of ventilation to get this control velocity using a 3-inch
(7.6 cm) wide flanged suction opening are in the following table:
Welding zone
Minimum air flow
1
cubic
feet/minute
Duct diameter, inches
2
4 to 6 inches from arc or torch
6 to 8 inches from arc or torch
8 to 10 inches from arc or torch
10 to 12 inches from arc or torch
150
275
425
600
3
3 1/2
4 1/2
5 1/2
1
When brazing with cadmium bearing materials or when cutting on such materials you may need increased
rates of ventilation.
2
Nearest half-inch duct diameter based on 4,000 feet per minute velocity in pipe.
(d) Ventilation in confined spaces.
(A) Air replacement. Ventilate all welding and cutting in confined spaces to prevent
the build-up of toxic materials or possible oxygen deficiency. This applies not only to
the welder but also to helpers and other people in the area. Air replacing the
withdrawn air must be clean and respirable.
(B) Airline respirators. Where it is impossible to provide such ventilation, use airline
respirators or hose masks approved by the Mine Safety and Health Administration
and the National Institute for Occupational Safety and Health.
(C) Self-contained units. In areas immediately dangerous to life or health (IDLH),
use self-contained breathing equipment. Use breathing equipment approved by the
National Institute for Occupational Safety and Health.
(D) Outside helper. When welding in confined spaces and where welders and
helpers use hose masks, hose masks with blowers or self-contained breathing
equipment approved by the Mine Safety and Health Administration and the National
Institute for Occupational Safety and Health, a worker must be on the outside of the
confined space to insure the safety of those working within.
(E) Oxygen for ventilation. Never use oxygen for ventilation.
Q
GENERAL REQUIREMENTS
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(7)(e)(A) – (7)(h) Q-6 437-004-2310
(e) Cleaning compounds.
(A) Manufacturer’s instructions. In the use of cleaning materials, because of their
possible toxicity or flammability, follow appropriate precautions such as
manufacturer’s instructions.
(B) Degreasing. Degreasing and other cleaning involving chlorinated hydrocarbons
must be where no vapors will reach or be drawn into the atmosphere surrounding any
welding operation. In addition, keep trichloroethylene and perchlorethalene out of
atmospheres penetrated by the ultraviolet radiation of gas-shielded welding
operations.
(f) Preservative coatings.
(A) Test first. Before welding, cutting or heating on any surface covered by a
preservative coating whose flammability is unknown, a competent person must test to
determine its flammability.
(B) Strip if needed. Prevent ignition of highly flammable hardened preservative
coatings. When coatings are known to be highly flammable, strip them from the area
to be heated to prevent ignition.
(g) Toxic preservative coatings.
(A) Enclosed spaces. In enclosed spaces, strip all surfaces covered with toxic
preservatives of all toxic coatings for a distance of at least 4 inches from the area of
heat application or the employees must use a respirator that protects them from toxic
vapors.
(B) Strip if needed. Remove the preservative coatings a sufficient distance from the
area to be heated to ensure that the temperature of the unstripped metal will not
increase appreciably. Artificial cooling of the metal surrounding the heated area is
acceptable to limit the size of the area you must clean.
(h) Cutting of stainless steels. Oxygen cutting, using either a chemical flux or iron
powder or gas-shielded arc cutting of stainless steel, must include mechanical ventilation
adequate to remove the fumes.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f. 8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 2-2010, f. 2/25/10, ef. 2/25/10.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
OXYGEN-FUEL GAS
WELDING AND CUTTING
Q
437-004-2350 Q-7 (1) – (3)(a)(A)
437-004-2350 Oxygen-fuel Gas Welding and Cutting.
(1) Scope. This subdivision applies to agricultural welding, except the following types for
which Subdivision 2/Q applies:
Production type or amount of welding.
Welding in confined spaces like tanks, vats, pits, or those defined in 4/J, OAR 437-004-
1250(1). This section (4/Q) covers some confined space welding topics. In those cases,
follow this section in addition to the rules in 2/Q.
Welding with toxic or dangerous coatings or fluxes. This includes manganese, lead,
zinc, cadmium, mercury, beryllium, or fluorine compounds.
Welding or heating galvanized materials.
(2) General requirements.
(a) Flammable mixture. Do not use any device or attachment, not approved for the
purpose, that allows air or oxygen to mix with flammable gases prior to consumption,
except at the burner or in a standard torch.
(b) Maximum pressure. Never generate (except in approved cylinder manifolds), pipe
or use acetylene at a pressure in excess of 15 psig (103 kPa gauge pressure) or 30 psia
(206 kPa absolute). (The 30 psia (206 kPa absolute) limit is to prevent unsafe use of
acetylene in pressurized chambers such as caissons, underground excavations or tunnel
construction.) This requirement does not apply to storage of acetylene dissolved in a
suitable solvent in cylinders manufactured and maintained according to U.S. Department
of Transportation requirements, or to acetylene for chemical use. Never use liquid
acetylene for any purpose.
(c) Apparatus. Use only approved apparatus such as torches, regulators or pressure-
reducing valves.
(3) Cylinders and containers.
(a) Approval and marking.
(A) DOT. All portable cylinders used for the storage and shipment of compressed
gases must meet regulations of the U.S. Department of Transportation, 49 CFR parts
171-179.
Q
OXYGEN-FUEL GAS
WELDING AND CUTTING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(a)(B) – (3)(d)(B) Q-8 437-004-2350
(B) Markings. Compressed gas cylinders must have legible markings that identify
the gas content. They must show either the chemical or the trade name of the gas.
These markings must not be easily removable. If possible, the marking must be on
the shoulder of the cylinder and conform to the American National Standard Method
for Marking Portable Compressed Gas Containers to Identify the Material Contained,
ANSI/CGA C-4, 1990.
(C) Connections. Compressed gas cylinders must have connections that comply
with the American National Standard Compressed Gas Cylinder Valve Outlet and
Inlet Connections, ANSI/CGA V-1, 1987.
(D) Protection cap. All cylinders with a water weight capacity of more than
30 pounds (13.6 kg) must have a means of connecting a valve protection cap
or a collar or recess to protect the valve.
(b) Storage of cylinders, General.
(A) No heat. Keep cylinders away from radiators and other sources of heat.
(B) Inside storage. Inside buildings, store cylinders in a well-protected, well-
ventilated, dry location, at least 20 feet (6.1 m) from highly combustible materials
such as oil or excelsior. Locate storage spaces where cylinders will not be knocked
over or damaged by passing or falling objects. Do not keep cylinders in unventilated
enclosures such as lockers and cupboards.
(C) Empties. Empty cylinders must have their valves closed.
(D) Caps. Valve protection caps must always be in place, hand-tight, except when
cylinders are in use or connected for use.
(E) Secure. Securely lash cylinders in place when necessary to prevent them from
falling.
(c) Fuel-gas cylinder storage. Store acetylene cylinders valve end up.
(d) Oxygen cylinder storage.
(A) Oxygen storage. Do not store oxygen cylinders:
(i) Near highly combustible material, especially oil and grease;
(ii) Near reserve stocks of carbide and acetylene or other fuel-gas cylinders, or
any other substance likely to cause or accelerate fire;
(B) Not near fuel cylinders. Separate stored oxygen cylinders from fuel-gas
cylinders or combustible materials (especially oil or grease), by at least 20 feet (6.1
m) or by a noncombustible barrier at least 5 feet (1.5 m) high with a fire-resistance
rating of at least 1/2-hour.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
OXYGEN-FUEL GAS
WELDING AND CUTTING
Q
437-004-2350 Q-9 (3)(e)(A) – (3)(e)(B)
(e) Operating procedures.
(A) No oil or grease. Cylinders, cylinder valves, couplings, regulators, hose, and
apparatus must be free from oily or greasy substances. Do not handle oxygen
cylinders or apparatus with oily hands or gloves. Never allow a jet of oxygen to strike
an oily surface, greasy clothes, or enter a fuel oil or other storage tank.
(B) Handling cylinders.
(i) Do not drop cylinders or allow them to strike each other.
(ii) Do not use valve-protection caps to lift cylinders from one vertical position to
another. Do not use bars under valves or valve-protection caps to pry cylinders
loose when frozen to the ground or otherwise fixed.
(iii) Unless cylinders are secured on a special truck, remove regulators and install
valve-protection caps, when provided, before cylinders are moved.
(iv) Cylinders without fixed hand wheels must have keys, handles or non-
adjustable wrenches on valve stems while they are in service. In multiple
cylinder installations a single key or handle is acceptable for each manifold.
(v) Close cylinder valves before moving cylinders.
(vi) Close cylinder valves when work is done.
(vii) Close valves of empty cylinders.
(viii) Keep cylinders far enough away from the actual welding or cutting operation
so that sparks, hot slag, or flame will not reach them. Otherwise, provide fire-
resistant shields.
(ix) Do not set cylinders where they might become part of an electric circuit.
Never tap an electrode against a cylinder to strike an arc.
(x) Do not use cylinders as rollers or supports, whether full or empty.
(xi) Do not use cylinders with altered or defaced numbers and markings.
(xii) Only the gas supplier may mix gases in a cylinder. Only the owner of the
cylinder or person authorized by them, may refill a cylinder.
(xiii) Do not allow anybody to tamper with safety devices in cylinders or valves.
(xiv) Do not drop or roughly handle cylinders.
Q
OXYGEN-FUEL GAS
WELDING AND CUTTING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(e)(B) – (3)(e)(C) Q-10 437-004-2350
(xv) Unless connected to a manifold, do not use oxygen from a cylinder without
first attaching an oxygen regulator to the cylinder valve. Before connecting the
regulator to the cylinder valve, open the valve slightly for an instant and then
close it. Always stand to one side of the outlet when opening the cylinder valve.
(xvi) Do not use a hammer or wrench to open cylinder valves. If opening the
valve by hand does not work, notify the supplier.
(xvii)
(I) Do not repair or tamper with cylinder valves. Notify the supplier if you have
trouble with a cylinder and follow their instructions as to its disposition.
(II) Do not remove the stem from a diaphragm-type cylinder.
(C) Attachments and use.
(i) Fuel-gas cylinders must have the valve end up when they are in use. Store
and ship liquefied gases with the valve end up.
(ii) Before connecting a regulator to a cylinder valve, open the valve slightly and
then close it immediately. Never crack a fuel-gas cylinder valve near other
welding work or near sparks, flame, or other possible sources of ignition.
(iii) Before removing a regulator from a cylinder valve, close the cylinder valve
and release the gas from the regulator.
(iv) There can be nothing on top of an acetylene cylinder when in use that may
damage the safety device or interfere with the quick closing of the valve.
(v) If closing the valves will not stop leaks in cylinders and attachments, take
them outdoors away from sources of ignition and allow them to slowly empty.
(vi) Put a warning near cylinders with leaking fuse plugs or other leaking safety
devices. It must warn employees not to approach them with a lighted cigarette
or other source of ignition. Plainly tag the cylinder and notify the supplier. Follow
their instructions.
(vii) Do not tamper with safety devices.
(viii) Never use fuel-gas from cylinders through torches or other devices with
shutoff valves without reducing the pressure through a suitable regulator attached
to the cylinder valve or manifold.
(ix) Always open the cylinder valve slowly.
(x) Do not open an acetylene cylinder valve more than one and one-half turns of
the spindle, and preferably no more than three-fourths of a turn.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
OXYGEN-FUEL GAS
WELDING AND CUTTING
Q
437-004-2350 Q-11 (3)(e)(C) – (3)(e)(D)
(xi) If a cylinder takes a special wrench, leave it in position on the stem of the
valve while the cylinder is in use. For manifolded or coupled cylinders, at least
one such wrench must always be available for immediate use.
(xii) Do not use regulators with cracked, broken, or defective parts.
(xiii) Inspect union nuts and connectors on regulators before use. Do not use
those with faulty seats.
(xiv) Before attaching the regulator to a cylinder, fully release the regulator’s
pressure adjusting screw.
(xv) Close the cylinder valve and release the gas from the regulator before
removing it from the cylinder.
(D) Blowpipes and torches.
(i) Approved backflow preventer or flashback preventers must be between the
blowpipe or torch and the hoses.
(ii) Use only friction lighters, stationary pilot flames or other recognized sources of
ignition to ignite torches. Do not use matches or other hand held open flames.
(iii) When welding or cutting stops for an extended period of time, for example,
during the lunch break, overnight or longer:
(I) Close the oxygen and fuel-gas cylinder or manifold valves;
(II) Open torch valves momentarily to release all gas pressure from the hoses
and then close them;
(III) Release the regulator pressure adjusting screws; and
(IV) When the welding or cutting stops for a few minutes, closing only the
torch valves is acceptable.
(iv) Follow the manufacturer’s procedures for the sequence of operations in
lighting, adjusting, and extinguishing blowpipe flames and connecting to the
gas supply.
(v) Use a suitable cylinder truck, chain or steadying device to secure cylinders
while in use.
(vi) Post signs conspicuously in fuel-gas storage areas. They must say,
“DANGER – NO SMOKING, MATCHES OR OPEN LIGHTS,” or equivalent
wording.
Q
OXYGEN-FUEL GAS
WELDING AND CUTTING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
(3)(e)(D) Q-12 437-004-2350
(vii) Acetylene gas must not contact unalloyed copper except in a blowpipe or
torch.
(viii) Do not use oxygen in pneumatic tools, in oil preheating burners, to start
internal-combustion engines, to blow out pipelines, to “dust” clothing or work,
to create pressure, or for ventilation.
(ix) After connecting welding or cutting apparatus to oxygen and fuel-gas
cylinders, or when starting to reuse the apparatus after 1/2-hour or more, let each
gas flow through its respective hose separately for a few seconds to purge the
hose of any mixture of gases.
(x) Never put down a torch unless the oxygen and fuel-gas have been completely
shut off at the torch.
NOTE: Regulation of manifolds, piping systems, acetylene generators and calcium carbide are found
in Division 2, 1910.253.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
ARC WELDING AND CUTTING
Q
437-004-2400 Q-13 (1) – (3)(b)(C)
437-004-2400 Arc Welding and Cutting.
(1) Scope. This subdivision applies to agricultural welding, except the following types for
which Subdivision 2/Q applies:
Production type or amount of welding.
Welding in confined spaces like tanks, vats, pits, or those defined in 4/J, OAR 437-004-
1250(1). This section (4/Q) covers some confined space welding topics. In those cases,
follow this section in addition to the rules in 2/Q.
Welding with toxic or dangerous coatings or fluxes. This includes manganese, lead,
zinc, cadmium, mercury, beryllium, or fluorine compounds.
Welding or heating galvanized materials.
(2) Instruction. Only trained and qualified workers will be allowed to run arc welding
equipment.
(3) Application of arc welding equipment.
(a) General. Equipment that complies with the Requirements for Electric Arc-Welding
Apparatus, NEMA EW-1-1983, National Electrical Manufacturers Association or the
Safety Standard for Transformer-Type Arc-Welding Machines, ANSI/UL 551, 1993,
Underwriters’ Laboratories assures consideration of safety in design.
(b) Voltage. Do not exceed the following limits:
(A) Alternating-current machines.
(i) Manual arc welding and cutting – 80 volts.
(ii) Automatic (machine or mechanized) arc welding and cutting – 100 volts.
(B) Direct-current machines.
(i) Manual arc welding and cutting – 100 volts.
(ii) Automatic (machine or mechanized) arc welding and cutting – 100 volts.
(C) Special processes. When special welding and cutting processes require higher
open circuit voltages than those above, there must be a way to prevent the operator
from making accidental contact with the high voltage.
Q
ARC WELDING AND CUTTING
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
END OF DOCUMENT –
(4)(a) – (5)(g) Q-14 437-004-2400
(4) Installation of arc welding equipment.
(a) General. Installation including power supply must be according to the requirements
of Subdivision 4/S.
(b) Grounding. Ground the frame or case of the welding machine (except engine-driven
machines) according to Subdivision 4/S.
(5) Operation and maintenance.
(a) Machine hook up. Before starting operations check all connections to the machine
to make certain they are properly made. The work lead must be firmly attached to the
work; magnetic work clamps must be free from adherent metal particles of spatter on
contact surfaces. Coiled welding cable must be spread out before use to avoid serious
overheating and damage to insulation.
(b) Grounding. Check the grounding of the welding machine frame. Give special
attention to safety ground connections of portable machines.
(c) Manufacturers’ instructions. Follow the printed rules and instructions supplied by
the manufacturer.
(d) Electrode holders. When not in use place electrode holders so they cannot make
electrical contact with persons, conducting objects, fuel or compressed gas tanks.
(e) Electric shock. Do not use cables with splices within 10 feet (3 m) of the holder.
(f) Damage. Do not use work lead cables or electrode lead cables with damaged
insulation or exposed conductors.
(g) Cable. Do not coil or loop the electrode cable around your body.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
ELECTRICITY
S
Subdivision S S-i Table of Contents
TABLE OF CONTENTS
437-004-2810 General Requirements ............................................................................... S-1
437-004-2850 Temporary Lighting and Wiring .................................................................. S-2
Temporary Wiring ............................................................................................................ S-2
Temporary Lighting .......................................................................................................... S-3
437-004-2860 Flexible Cable and Extension Cords .......................................................... S-3
437-004-2870 Attachment Plugs and Receptacles ........................................................... S-4
437-004-2880 Cord and Plug-Connected Equipment ....................................................... S-5
437-004-2900 Grounding and Bonding ............................................................................. S-6
437-004-2950 Switches and Circuit Breakers ................................................................... S-7
437-004-3000 Identification and Load Ratings .................................................................. S-8
437-004-3050 Work Near Overhead Lines ....................................................................... S-8
Clearance or Safeguards Required ................................................................................. S-8
Warning Sign Required .................................................................................................... S-9
Notification to Power Company and Responsibility for Safeguards ................................ S-9
437-004-3075 Agricultural Buildings with Special Hazards ............................................... S-9
(1) Scope .......................................................................................................................... S-9
(2) Wiring .......................................................................................................................... S-9
(3) Enclosures ................................................................................................................ S-10
(4) Motors and machines ............................................................................................... S-10
(5) Lighting fixtures......................................................................................................... S-10
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ELECTRICITY
S
437-004-2810 S-1 (1) – (11)(a)
437-004-2810 General Requirements.
(1) Scope. This standard (4/S) covers electrical work and equipment in buildings and on
premises. It applies to all work and equipment covered by other sections of Subdivision 4/S.
(2) Unless stated otherwise in OAR 437-004-2810 through 437-004-3075, all electrical work,
equipment and systems must comply with standards under the jurisdiction of the Oregon
Building Codes Division, Department of Consumer and Business Services.
(3) Do not allow employees to work near live power sources without protection from shock.
(4) Isolate exposed live electrical conductors from contact by persons or equipment.
NOTE: Paragraphs (3) and (4) above do not apply to electric fences or containment devices.
(5) Lights 7 feet or closer to the floor or work surface must have a guard, fixture or holder to
protect the bulb or tube from breakage.
(6) Only qualified persons, authorized by the employer may make electrical repairs. (See
Subdivision 4/B.)
(7) Install or remove fuses from live terminals only with special tools insulated for the voltage.
(8) When the exact location of underground electric power lines is unknown, workers using
jackhammers, bars or other hand tools that may contact a line must use insulated protective
gloves.
(9) Before beginning work near exposed lines or equipment, the employer must determine
if they are live. If they are, you must advise the employees of the position of the lines, the
hazards involved and the protective measures they must use.
(10) Before beginning work like digging, drilling or remodeling, that may lead to hidden
power sources the employer must locate them and determine their voltage. Locate
underground lines by calling 1-800-332-2344 or in the Portland Metropolitan area 246-6699.
The employer must then:
(a) Post and maintain proper warning signs where such circuits exist; and
(b) Advise the employees of the position of the lines, the hazards involved and the
protective measures they must use.
NOTE: If the work covered by (8) and (9) above might involve voltages over 750v, see OAR 437-004-
3050.
(11) There must be sufficient space near electrical equipment to permit safe operation and
maintenance.
(a) Near exposed parts, the minimum clearance from floor to ceiling must be at least
76 inches. There must be a clear radius of at least 36 inches in front of the panel.
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437-004-2810 S-2 (11)(b) – (19) Note
(b) There must be enough clearance to permit at least a 90 degree opening of all doors
or hinged panels.
(c) Do not store anything in front of electrical panels.
(12) There must be suitable barriers or other means to ensure that work space for electrical
equipment is not used as a passageway when energized parts are exposed.
(13) Require workers to report all electric shocks to management or supervisors immediately.
(a) Check the equipment causing the shock and remove from service or repair it before
further use.
(14) Electrical equipment must be free from recognized hazards that may cause death or
serious physical harm. Use the criteria below to determine the safety of equipment.
(a) Electrical equipment must be listed or labeled, except custom-made components and
utilization equipment. (See Division 4/B, OAR 437-004-0100, for definitions of listed and
labeled.)
(b) Mechanical strength and durability, and for parts that enclose and protect other
equipment, the adequacy of the protection.
(c) Classification by type, size, voltage, current capacity or specific use.
(d) Other factors that contribute to the practical safeguarding of employees using or likely
to contact the equipment.
(15) Follow manufacturer’s instructions or recommendations when installing listed or labeled
equipment.
(16) In wet or damp locations, use only fixtures approved for that purpose. Install them so
that water cannot enter or accumulate in wireways, lampholders, or other electrical parts.
(17) All pull boxes, junction boxes and fittings must have approved covers. Metal covers
must be grounded.
(18) All wall plugs and switches must have approved, unbroken covers or faceplates and no
broken parts.
(19) Receptacles, plugs, fixtures, lamp-holders lamps and other holders and outlets must
have no exposed live parts.
NOTE: Rosettes and cleat-type lamp-holders may have exposed parts if they are 8 feet or higher
above the floor.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
ELECTRICITY
S
437-004-2850(1) S-3 437-004-2860(1)
437-004-2850 Temporary Lighting and Wiring.
Temporary Wiring
(1) Walkways and similar locations must be kept clear of power cords.
(2) Ground all temporary wiring.
(3) Keep wiring equipment as vapor, dust, or fiber tight as intended by the manufacturer.
There must be no loose or missing screws, gaskets, threaded connections, or other
impairments to this tight condition.
(4) Take precautions to make open wiring inaccessible to unauthorized personnel.
(5) Temporary electrical power and lighting installations are acceptable during construction,
remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar
activities.
(6) Temporary electrical power and lighting installations are acceptable for not more than
90 days for decorative lighting and as in (5) above.
Temporary Lighting
(7) Temporary lights must be at least 7 feet above the work surface or have guards to
prevent contact with the bulb.
(8) Temporary lights must have electric cords, connections and insulation rated for their use.
(9) Do not suspend temporary lights by their cords unless the manufacturer’s instructions
allow the practice.
(10) Do not use metal shell, paper lined portable hand lamp holders. Hand lamps must have
a handle and a substantial guard over the bulb.
(11) Portable extension lamps used where flammable vapors, gases, combustible dusts,
easily ignitible fibers or flyings are present, must be approved for the type of hazard involved.
Do not modify, repair or add to these systems without approval of the manufacturer.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-2860 Flexible Cable and Extension Cords.
(1) Extension cords used with portable electric tools and appliances must be at least three-
wire type and have an approved grounding plug and receptacle providing ground continuity.
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437-004-2860(2) S-4 437-004-2870(3)
(2) Use only extension cords rated for the intended use.
(3) Do not use worn or frayed electric cords and cables.
(4) Protect flexible cables and extension cords against damage caused by traffic, sharp
corners, pinching or projections.
(5) Cover or elevate cables that pass through work areas to protect them from damage.
(6) Do not use staples to fasten flexible cables and extension cords. Do not hang them from
nails or suspend them by wire.
(7) Do not use flexible cables and extension cords as a substitute for fixed structural wiring.
(8) Flexible cables and extension cords must not run through holes in walls, ceilings, or
floors or through doorways, windows, or similar openings, except during construction.
(9) Electrical conductors must be spliced or joined in splicing devices suitable for the use, by
brazing, welding or soldering with a fusible metal or alloy.
(a) Secure soldered splices first mechanically and electrically without solder, then solder.
(Use rosin-core solder, NOT acid core solder, when joining electrical conductors.)
(b) Insulation on splices and joints and the free ends of conductors must be equivalent to
the original insulation.
(c) Splices for flexible cords must provide flexibility and use characteristics of the original
cord. Vulcanized splices or equivalent means, such as shrinkable materials, are
acceptable for repairs.
(10) Do not plug extension cords together to make them longer unless the resultant cord is
rated to carry the load.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-2870 Attachment Plugs and Receptacles.
(1) Attachment plugs must be heavy enough to endure rough use and have a suitable cord
grip to prevent strain on the terminal screws.
(2) Use only approved, grounding type attachment plugs.
(3) Use only approved concealed contact type receptacles for attachment plugs. They must
extend ground continuity. They must allow removal of the plug without exposing live parts to
contact.
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and Health Division
ELECTRICITY
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437-004-2870(4) S-5 437-004-2880(3)
(4) Polarized attachment plugs, receptacles and cord connectors must have proper
continuity.
(5) Use only attachment plugs, receptacles and cord connectors that have the grounded
(common) terminal conductor identified. If the terminal is not visible, the connection hole
must be marked with the word “white.”
(6) The terminal for the equipment grounding conductor (bare wire) must have:
(a) A green colored, not easily removable terminal screw with hexagonal head; or
(b) A green colored, hexagonal, not easily removable terminal nut; or
(c) A green colored pressure wire connector.
(d) If the terminal for the grounding conductor is not visible, mark the conductor entrance
hole with the word “green” or otherwise identify it with the color green.
(e) A grounded conductor must not be attached to any terminal or lead to reverse the
designated polarity.
(7) Where portable cords supply different voltages or types of current (A.C. or D.C.)
receptacles and attachment plugs must not be interchangeable.
(8) Attachment plugs or other connectors supplying equipment at more than 300 volts must
have skirts or otherwise confine arcs.
(9) Do not use a grounding terminal or grounding-type device on a receptacle, cord
connector, or attachment plug for purposes other than grounding.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-2880 Cord and Plug-connected Equipment.
(1) Portable or plug-connected equipment with noncurrent-carrying metal parts must be
grounded.
(2) It is not necessary to ground portable tools and appliances with approved double
insulation, or its equivalent, but they must have distinctive markings.
(3) Ground exposed noncurrent-carrying metal parts of fixed electrical equipment, including
motors, frames, electrically driven machinery, refrigerators, freezer, electric ranges, clothes
dryers, etc.
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437-004-2880(4) S-6 437-004-2900(5)(b)
(4) Cord and plug-connected high-pressure spray washing machines must have a factory
installed ground-fault circuit interrupter that is an integral part of the attachment plug or is
in the supply cord within 12 inches of the attachment plug.
(5) Enclose or separate parts of electric equipment that in ordinary operation produces arcs,
sparks, flames, or molten metal. Isolate this equipment from all combustible material.
(6) Do not use electrical equipment without descriptive markings that identify the approving
organization (such as U.L.) for the product. Other markings that give voltage, current,
wattage, or other ratings as necessary must also be visible.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-2900 Grounding and Bonding.
(1) The path from circuits, equipment, structures, and conduit enclosures to ground must be
permanent and continuous with enough capacity to conduct safely the currents that might be
imposed on it. The path must also have impedance low enough to limit the potential above
ground and to result in the operation of the over current devices in the circuit.
(2) Driven ground rods must, where practicable, have a resistance to ground not to exceed
25 ohms. Where the resistance is not as low as 25 ohms, use two or more electrodes
connected in parallel.
(3) Check grounding circuits to ensure that the circuit between the ground and the grounded
power conductor has a resistance low enough to permit enough current to flow to cause the
fuse or breaker to interrupt the circuit.
(4) Conductors used for bonding and grounding stationary and moveable equipment must be
able to carry the anticipated current.
(5) Outside conductors, 600 volts, nominal or less. Paragraphs (a), (b), (c), and (d)
below apply to branch circuit, feeder, and service conductors rated 600 volts, nominal, or
less and run outdoors as open conductors. Paragraph (e) below applies to lamps installed
under these conductors.
(a) Conductors on poles must provide a horizontal climbing space not less than the
following:
(A) Power conductors below communication conductors – 30 inches.
(B) Power conductors alone or above communication conductors: 300 volts or less –
24 inches; more than 300 volts – 30 inches.
(b) Clearance from ground to open conductors must conform to the following minimum
clearances:
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
ELECTRICITY
S
437-004-2900(5)(b)(A) S-7 437-004-2950(3)
(A) 10 feet above finished grade, sidewalks, or from any platform or projection from
which they might be reached.
(B) 12 feet over areas subject to vehicle traffic other than truck traffic.
(C) 15 feet over areas other than those in paragraph (5)(b)(D) below, where there
may be truck traffic.
(D) 18 feet over public streets, alleys, roads, and driveways.
(c) Conductors must have a clearance of at least 3 feet from windows, doors, porches,
fire escapes, or similar locations. Conductors run above the top level of a window do not
have to be 3 feet away.
(d) Conductors must have a clearance of not less than 8 feet from the highest point of
roofs over which they pass, except that:
(A) Where the voltage between conductors is 300 volts or less and the roof has a
slope of not less than 4 inches in 12, the clearance from roofs must be at least 3 feet,
or
(B) Where the voltage between conductors is 300 volts or less and the conductors do
not pass over more than 4 feet of the overhang portion of the roof and they terminate
at a through-the-roof raceway or approved support, the clearance from roofs must be
at least 18 inches.
(e) Lamps for outdoor lighting must be below all live conductors, transformers, or other
electric equipment, unless the equipment has a disconnecting means that is lockable in
the open position or unless there are adequate clearances or other safeguards for lamp
replacement.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-2950 Switches and Circuit Breakers.
(1) There must be at least 3 feet of clear space in front of switch centers or panels.
Passageways to switch centers or panels must be unobstructed.
(2) There must be enclosures or screens around live parts of electrical switchboards and
panelboards.
(3) Each disconnecting means for motors and appliances, and each service feeder or branch
circuit at the point where it originates, must have legible markings to indicate their purpose
unless the purpose is evident.
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437-004-2950(4) S-8 437-004-3050(3)
(4) Locate or shield disconnecting means to avoid injury to employees. Do not use open
knife switches.
(5) Securely mount boxes for disconnecting means and keep their covers in place.
(6) Boxes and disconnecting means in damp or wet locations must be waterproof.
(7) There must be sufficient light for all indoor working spaces around service equipment,
switchboards, panelboards, and motor control centers.
(8) The minimum headroom of working spaces around service equipment, switchboards,
panelboards, or motor control centers must be 6 feet 3 inches.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-3000 Identification and Load Ratings.
(1) Name plates, rating data, and marks of identification on electrical equipment and
electrically operated machines must be present and legible.
(2) Do not change the circuit protection in existing installations to increase the load to more
than the load rating of the circuit wiring.
(3) Do not allow tampering, bridging, or using oversize fuses. Require workers to report
immediately to management or a qualified electrician, any fuses or breakers that blow
repeatedly.
(4) Do not attempt to restart electric motors that kick out repeatedly.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-3050 Work Near Overhead Lines.
Clearance or Safeguards Required
Note: High voltage is 750 v or higher.
(1) Isolate exposed overhead conductors from contact by persons or equipment.
(2) Do not store irrigation pipe within 100 feet of overhead high voltage conductors.
(3) Do not allow upending if irrigation pipe is within 100 feet of overhead conductors.
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and Health Division
ELECTRICITY
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437-004-3050 S-9 (4) - (9)
(4) Do not set up or operate any part of a water or irrigation system, or any other device that
discharges a conductive liquid, so that the discharge is toward or may come within 10 feet of
overhead high-voltage lines or any other exposed electric conductor.
(5) Do not require or permit an employee to pass or work near high-voltage lines, unless you
effectively guard against danger from contact.
(6) No work activity may bring workers or equipment within 10 feet of high-voltage lines.
(7) Do not operate equipment or machines near power lines except:
(a) When electrical distribution and transmission lines are deenergized and visibly
grounded at the point of work or where insulating barriers are in place to prevent
physical contact with the lines;
(b) For lines rated 50 kV. or below, minimum clearance between the lines and any part of
the object must be 10 feet;
(c) For lines rated more than 50 kV. minimum clearance between the lines and any part
of the object must be 10 feet plus 0.4 inches for each 1 kV., more than 50 kV., or twice
the length of the line insulator but never less than 10 feet.
(d) In transit, the clearance must be a minimum of 4 feet for voltages less than 50 kV.,
10 feet for voltages more than 50 kV. up to and including 345 kV., and 16 feet for
voltages up to and including 750 kV.
(e) A person must observe clearances and give timely warning for all work where it is
difficult for the operator to maintain the desired clearance by sight.
Warning Sign Required
(8) The employer must post and keep in plain view of the operator on each derrick, power
shovel, drilling rig, hay loader, hay stacker or similar apparatus, any part of which is capable
of vertical, lateral or swinging motion, a warning sign legible at 12 feet reading “Unlawful to
operate this equipment within 10 feet of high-voltage lines.”
Notification to Power Company and Responsibility for Safeguards
(9) When any work may be within 10 feet of any high-voltage line, the person or persons
responsible for the work must promptly notify the power company and is responsible for the
completion of required safety measures before beginning the work.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
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and Health Division
END OF DOCUMENT –
(1) – (5)(b) S-10 437-004-3075
437-004-3075 Agricultural Buildings with Special Hazards.
(1) Scope. These standards apply to the following agricultural buildings or parts of buildings
or adjacent areas.
(a) Agricultural buildings where excessive dust and dust with water may accumulate.
This includes all areas of poultry, livestock and fish confinement systems, where litter
dust or feed dust, including mineral feed particles may accumulate.
(b) Agricultural buildings where a corrosive atmosphere exists. This includes areas
where poultry and animal excrements may cause corrosive vapors; corrosive particles
may combine with water; the area is damp and wet due to periodic washing for cleaning
and sanitizing with water and cleansing agents; or where similar conditions exist.
(2) Wiring. Use types UF, NMC, copper SE, or other cables or raceways suitable for the
location, with approved termination fittings. Secure all cables within 8 inches of each
cabinet, box, or fitting.
(3) Enclosures. Boxes, fittings, wiring devices, switches, circuit breakers, controllers and
fuses including push-buttons, relays, and similar devices must have enclosures as in (a)
and (b) below.
(a) Buildings with excessive dust and dust with water must use suitable enclosures.
(b) Buildings with a corrosive atmosphere must use suitable enclosures for those
conditions.
(4) Motors and machines. Motors and other rotating electrical machinery must be totally
enclosed or designed to minimize the entrance of dust, moisture, or corrosive particles.
(5) Lighting fixtures. Install lighting fixtures to minimize the entrance of dust, foreign
matter, moisture and corrosive material.
(a) Guard lighting fixtures exposed to physical damage.
(b) Lighting fixtures exposed to water must be watertight.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
MISCELLANEOUS
T
Subdivision T T-i Table of Contents
TABLE OF CONTENTS
437-004-3100 Excavation .................................................................................................. T-1
(1) Definition ..................................................................................................................... T-1
(2) Five feet or more......................................................................................................... T-1
(3) Less than 5 feet .......................................................................................................... T-1
(4) Strength ...................................................................................................................... T-1
(5) Design ......................................................................................................................... T-1
(6) Follow instructions ...................................................................................................... T-1
(7) System size ................................................................................................................. T-1
(8) Sloping ........................................................................................................................ T-1
(9) Access/Exit ................................................................................................................. T-1
(10) Water ........................................................................................................................ T-1
(11) Inspect daily .............................................................................................................. T-1
(12) Spoils and equipment ............................................................................................... T-2
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MISCELLANEOUS
T
437-004-3100 T-1 (1) – (11)
437-004-3100 Excavation.
(1) Definition.
Excavation – A man-made cut, hole, pit, trench or depression in the earth.
NOTE: Before any digging you must comply with Oregon’s “Call Before You Dig” law. Call 1-800-
332-2344.
(2) Five feet or more. Employees must not enter any excavation 5 feet or deeper unless
protective systems are in place to protect from cave-in or sloughing.
(3) Less than 5 feet. Employees must not enter any excavation less than 5 feet deep when
the sides are losing their shape, are loose or show other signs of being unstable unless
protective systems are in place to protect from cave-in or sloughing.
(4) Strength. Systems installed in the excavation must be strong enough and engineered to
provide protection from hazards of the particular excavation.
(5) Design. Systems must be as follows:
(a) Designed by a registered professional engineer.
(b) Designed using the manufacturer’s or other tabulated data.
(6) Follow instructions. When using manufactured systems, follow the instructions and do
not exceed the limitations of the system.
(7) System size. Systems must extend from the bottom of the excavation to at least the top
edge.
(8) Sloping. Sloping is an acceptable system to protect workers. Sloping must be at a ratio
of at least 1 1/2 to 1. That means a horizontal setback of 1 1/2 feet for every 1-foot of trench
depth.
(9) Access/Exit. There must be a safe way, such as a ladder or steps, to get into and out of
excavations 4 or more feet deep. In trenches, these exits must be at least every 25 linear
feet.
(10) Water. Workers will not enter excavations where there is accumulating water, either
from ground seepage or surface run-off, unless there are adequate protections from hazards
caused by the water.
(11) Inspect daily. A person familiar with these rules and the work must inspect all
excavations daily, before workers enter or reenter.
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END OF DOCUMENT –
(12) T-2 437-004-3100
(12) Spoils and equipment. Keep soil and material removed from the excavation (spoils) at
least two feet away from the edge of the excavation or restrained. Equipment that could roll
or fall into the excavation must also be at least two feet back or restrained.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
VEHICLES
U
Subdivision U U-i Table of Contents
TABLE OF CONTENTS
437-004-3410 Agricultural, Commercial and Industrial Vehicles ...................................... U-1
(1) Scope .......................................................................................................................... U-1
(2) Definitions ................................................................................................................... U-1
(3) General requirements ................................................................................................. U-1
(4) Vehicle components ................................................................................................... U-3
(5) Inspection, testing, maintenance, and repair ............................................................. U-5
(6) Transportation of workers ........................................................................................... U-5
(7) Fueling ........................................................................................................................ U-6
(8) Hauling of gasoline and other flammables ................................................................. U-6
(9) Warning devices ......................................................................................................... U-7
(10) Control of exhaust gases .......................................................................................... U-7
(11) Safety equipment – vehicles operated on public roads ........................................... U-7
Appendix A to 437-004-3410, Specific Equipment .......................................................... U-9
437-004-3420 Working from Vehicles and Vehicle Loads .............................................. U-11
(1) Riding on loads ......................................................................................................... U-11
(2) Field operations ........................................................................................................ U-11
(3) Load stability ............................................................................................................. U-11
(4) Access to the load .................................................................................................... U-11
437-004-3430 Training for Agriculture Tractor Operators ............................................... U-11
(1) Training ..................................................................................................................... U-11
437-004-3460 Industrial Vehicles .................................................................................... U-12
(1) Modifications ............................................................................................................. U-12
(2) Nameplates and markings ........................................................................................ U-12
(3) Capacity markings .................................................................................................... U-12
437-004-3480 Bridges, Roads and Ramps ..................................................................... U-12
(1) Application ................................................................................................................ U-12
(2) Roads ....................................................................................................................... U-12
(3) Bridges, runways and ramps .................................................................................... U-12
437-004-3550 Servicing Multipiece and Single Piece Rim Wheels ................................ U-13
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Table of Contents U-ii Subdivision U
437-004-3600 Roll-Over Protective Structures (ROPS) for Tractors in Agriculture ........ U-13
(1) Definitions ................................................................................................................. U-13
(2) General requirements ............................................................................................... U-14
(3) Seat belts .................................................................................................................. U-15
(4) Protection from sharp surfaces ................................................................................ U-16
(5) Exempted uses ......................................................................................................... U-16
(6) Remounting .............................................................................................................. U-16
(7) Labeling .................................................................................................................... U-16
437-004-3650 Roll-Over Protective Structures – Industrial Vehicles .............................. U-17
(1) Application ................................................................................................................ U-17
(2) ROPS – general requirements ................................................................................. U-17
(3) Defects ...................................................................................................................... U-17
(4) Identification of ROPS .............................................................................................. U-18
(5) Approved structures ................................................................................................. U-18
437-004-3660 Vehicle-Mounted Elevating and Rotating Work Platforms ....................... U-18
(1) Definitions ................................................................................................................. U-18
(2) Design requirements ................................................................................................ U-18
(3) Specific requirements ............................................................................................... U-19
(4) Working near overhead high voltage lines ............................................................... U-19
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437-004-3410 U-1 (1) – (3)(a)(C)
437-004-3410 Agricultural, Commercial and Industrial Vehicles.
(1) Scope. This applies to all motor vehicles used by employees.
(2) Definitions.
Agricultural vehicle – A vehicle specifically designed or modified for use exclusively in
agricultural operations, and not licensed for use on public roads under Oregon laws.
NOTE: Included in this definition is farm field equipment such as tractors, harvesters, planters
or any combination thereof; unlicensed trucks and wagons or trailers such as feeder trucks or
wagons and specialized crop handling vehicles; and mobile elevating and rotating work platforms
such as orchard aerial lift devices.
Commercial-type vehicles – Motor vehicles primarily for the transportation of persons
or material on roads.
Commercial type vehicles used to transport workers are:
Class ‘A’ vehicle – A bus type vehicle or van that can carry 12 or more workers; or
the “work crew” vehicle built or altered for carrying passengers.
Class ‘B’ vehicle – A vehicle or van especially built for transporting work crews in
compart- ments separate from the space used to transport supplies, tools and
equipment.
Class ‘C’ vehicle – A flatbed, pickup body or dump truck type vehicle, or vehicle of
similar open body construction.
Class ‘D’ vehicle – A passenger car or station wagon type.
NOTE: Typically a bus type vehicle has two axles and six tires or three or more axles. This does
not include vans.
Industrial-type vehicles – Vehicles designed for non-highway use, primarily for pulling
trailers or other mobile loads, straddle trucks such as lumber carriers, power industrial
trucks, and other types of vehicles especially designed for handling materials.
NOTE: When this rule uses “vehicle” by itself, it includes all the above definitions.
(3) General requirements.
(a) Operation of vehicles.
(A) Nobody may operate any unsafe vehicle. Fix unsafe conditions before using it.
(B) Only trained and authorized employees may operate any vehicle.
(C) Only the operator may ride on vehicles unless there are safe riding facilities for
additional riders. Persons are never to ride on fenders, axles, hitches, tongues,
buckets, forks, drawbars or any other area not intended to carry passengers.
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(3)(a)(D) – (3)(c) U-2 437-004-3410
(D) Do not drive a vehicle up to anyone who is in front of a stationary object.
(E) The operator must look in the direction of travel, and have a clear view of the path
of travel, unless guided by a signal person with a clear view of the route.
(F) Except when using a towbar, keep manual control over vehicles under tow.
(G) Do not stand or walk under an elevated part of a vehicle whether loaded or empty
unless it is blocked or cribbed according to OAR 437-004-3410(5)(d).
(H) Workers may not be under loads or units of materials during movement.
(I) Do not overload any vehicle. Keep loads stable and well balanced.
(J) Employees must not ride in a loaded or partially loaded cargo space while
the vehicle is moving unless the load is adequately shored, braced, or otherwise
secured.
(K) Do not drive a vehicle with an unstable or insecure load.
(L) Block the wheels and set the brakes when loading Agricultural Vehicles, Class C,
Commercial –Type Vehicles and Industrial-Type Vehicles who’s movement might
cause a hazard. This does not apply when loading “on the go.”
(M) The parking brake must be set on parked commercial and industrial vehicles.
Block or turn to a curb the wheels of vehicles parked on an incline.
(N) Do not put arms or legs between working parts or outside the running lines of
vehicles.
(O) Vehicles must have a safe way of access and exit.
(P) Do not jump on or off moving vehicles.
(Q) There must be no stunt driving or horseplay.
NOTE: Appendix A is a reprint of Oregon Revised Statutes that govern the use of some
agricultural vehicles and equipment on public highways and roads. While Oregon OSHA has
the legal authority to cite these sections, law enforcement officers are the usual source of
enforcement. We offer these laws here as a courtesy to Oregon agricultural employers and in
the interest of employee safety.
(b) Hauling of explosives. Only a driver and one other person may ride in a vehicle
hauling explosives.
(c) Operating near power lines. For requirements when operating vehicles around high
voltage power lines, see Subdivision 4/S.
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437-004-3410 U-3 (3)(d) – (4)(a)(F)
(d) Parking. When the operator of a commercial or industrial vehicle is not at the
controls, the brakes must be set or the wheels blocked to prevent movement. Also, fully
lower or block elevated attachments or components against descent. Unattended
vehicles must be shut off. If parked on a slope, the wheels of commercial and industrial
vehicles must be blocked or chocked.
(e) When towing, there must be a pin or other positive method of keeping the hitch pin in
the hitch.
NOTE: Unattended is when the operator cannot see the vehicle or when they are more
than 25 feet from it.
(4) Vehicle components.
(a) General.
(A) The engine shut-off device must be within reach of the operator when in their
normal operating position.
(B) There must be steps, ladders, handholds, or grab bars on vehicles for safe
access. Steps must have slip-resistant surfaces.
(C) The operator’s station and work platforms on all agricultural vehicles must have
guardrails or other fall protection when any of the following conditions exist:
(i) The operator is standing or not protected from falling by the framework, body,
or design of the equipment; or
(ii) The floor of the operator’s station is more than 22 inches above the adjacent
floor level; or
(iii) The operator’s station, regardless of height, is located so that a worker could
fall into the path of equipment or into moving parts.
NOTE: For guardrails or similar barricades, the toprail must be 36 inches to 44 inches
above the deck; the railing must have a midrail except when it would impair the operator’s
view to crop gathering or other functions.
(D) All vehicles loaded by cranes, power shovels, loaders or similar equipment must
have a cab shield or canopy adequate to protect the operator from shifting or falling
materials.
(E) The backs of vehicle cabs exposed to shifting loads must have a substantial
bulkhead or similar device.
(F) Loads must not prevent doors of vehicle cabs from opening.
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(4)(a)(G) – (4)(d)(C) U-4 437-004-3410
(G) When transporting workers and materials simultaneously, there must be a barrier
to protect the workers and driver from the hazards of the materials. Otherwise,
anchor or restrain the load.
(H) Class “A” and “B” commercial vehicles and industrial vehicles must have seats
and back rests firmly secured in place, and such sides and ends as necessary to
prevent riders from falling off the vehicle.
(I) The operator’s platform must have a slip-resistant floor.
(J) Operating levers controlling hoisting or dumping devices on haulage bodies
must have a latch or other device that prevents accidental starting or tripping of
the mechanism.
(K) Trip handles for tailgates of dump trucks must work without endangering the
operator.
(L) Surfaces of foot pedals must be slip resistant or have slip resistant coverings.
(b) Passenger compartments.
(A) Floors and decks must have safe footing.
(B) Floors and interior of sides and ends and tops of compartments used for
transporting workers must be free of protruding objects that might cause injury.
(c) Windshields – windows.
(A) Windshields and windows must be safety glass that meets the requirements
for safety glazing material for use anywhere in a motor vehicle as defined in the
American National Standard, Safety Glazing Materials for Glazing Motor Vehicles
Operating on Land Highways, Z26.1-1990, or a material that will furnish equivalent
safety.
(B) Replace defective or broken glass that impairs the vision of the operator.
Remove and replace broken or shattered glass that could cause injury to occupants.
NOTE: There is no requirement to change non-safety glass installed as “original equipment”
in agricultural vehicles acquired before March 31, 1975 if it is unbroken. However, when it is
replaced, the replacement glass must be approved safety glass.
(d) Brakes.
(A) All commercial and industrial vehicles must have brakes that can control them
while fully loaded on any grade over which they might run.
(B) Parking brakes must be able to hold the loaded vehicle on any grade on which it
may park, on any surface free of ice or snow.
(C) Brakes must be in safe working condition.
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437-004-3410 U-5 (4)(e) – (6)(b)
(e) Steering. Use steering or spinner knobs only if the steering mechanism is a type that
prevents road reactions from causing the steering wheel to spin. The steering knob must
be within the periphery of the wheel.
(f) Lights. Vehicles operated at night must have sufficient light at the operator’s station.
(5) Inspection, testing, maintenance, and repair.
(a) Check vehicles as often as needed to assure that they are in safe operating condition
and free of damage that could cause failure while in use.
(b) Before using it, fix defects that affect the safe operation of the vehicle.
(c) Do not continue to use a vehicle that becomes unsafe during use.
(d) Block or crib heavy machinery, equipment, elevated parts or parts supported by
slings, hoists, jacks, or other devices, to prevent falling or shifting before employees work
under or between them.
(A) Fully lower or block bulldozer and scraper blades, end-loader, end-loader
buckets, dump bodies, and similar equipment when working on them or when they
are not in use.
(B) All controls must be in neutral with motors off and brakes set, unless the work
requires otherwise.
(e) Vehicles with dump bodies or other elevating parts must have positive means of
support, permanently attached, and capable of being locked in position to prevent
accidental lowering of the body. This device must support a raised body during
maintenance or inspection work.
(f) Disconnect the battery when repairing a vehicle electrical system if accidental closing
of the circuit could cause injury.
(6) Transportation of workers.
(a) Do not transport workers in flatbed trucks, dump trucks and pickups unless:
NOTE: This does not apply to field work or loading or unloading moving vehicles.
(A) Tilting, sliding or otherwise movable decks or bodies are secured to prevent
accidental movement. Secure dump truck bodies or lock the hoist lever.
(B) Flatbed vehicles without seats must have sides and end gates at least 24 inches
high. Workers must sit on the floor.
(b) Close pickup and dump truck tailgates and make workers sit on the floor unless there
are seats secured in place and sides at least 42 inches high. A chain or rope must be
across the rear of such vehicles with seats.
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(6)(c) – (8)(b) Note U-6 437-004-3410
(c) When workers sit on low boxes or similar equipment, there must be side rails that
increase the height of pickup and dump truck bodies to at least 36 inches. Omit the side
rails when there is heavy canvas secured as a top and sides.
(d) In Class “A” and “B” commercial vehicles with seats workers must not sit on the floor
in the aisles while the vehicle is moving. Not more than one worker per row of seats may
stand. No workers may stand or sit in the driver’s area ahead of the front row of seats.
Never place boards across an aisle to provide additional seating space. Do not put seats
in an aisle. Standing workers must use handholds.
(e) When transporting workers in any vehicle, nobody may stand for more than 1-hour or
for more than 45 miles of travel, whichever is less. After that, they must get a rest period
of at least 15 minutes or be given a seat.
(7) Fueling.
(a) When fueling vehicles there may be no smoking within 35 feet.
(b) Stop vehicle engines, except diesels, while fueling.
(c) Do not fuel vehicles within 35 feet of any open fires, flame or other sources of ignition.
(d) Refilling of vehicle tanks that use liquefied petroleum gases must be done outside.
Do not overfill the tanks.
(8) Hauling of gasoline and other flammables.
(a) Do not transport gasoline and other flammable liquids on commercial vehicles
carrying workers except:
(A) In closed containers of not more than 5 gallons capacity, and
(B) The containers must be accepted, labeled or listed. (As per definitions in OAR
437-004-0100 Universal Definitions), and
(C) Do not carry containers inside the passenger compartment, and
(D) Secure the containers to prevent shifting and put them in well-ventilated
compartments or racks.
(b) You can haul gasoline in containers of more than 5 gallons in Class “C” commercial
vehicles if all workers ride in the cab of the vehicle or in a separate compartment.
NOTE: Appendix A is a reprint of Oregon Revised Statutes that govern the use of some
agricultural vehicles and equipment on public highways and roads. While Oregon OSHA has the
legal authority to cite these sections, law enforcement officers are the usual source of
enforcement. We offer these laws here as a courtesy to Oregon agricultural employers and in the
interest of employee safety.
Oregon Administrative Rules
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and Health Division
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437-004-3410 U-7 (9)(a) - (11)(c)
(9) Warning devices.
(a) All commercial and industrial vehicles must have an audible warning (horn) device
that can be clearly heard above the surrounding noise near the vehicle.
(b) Vehicles with obstructed view to the rear must have a backup alarm audible above
the surrounding noise level, unless:
(A) The vehicle backs up only when an observer signals that doing so is safe; or
(B) The vehicle operator first verifies that no person is in the path of the reverse
travel, or can enter it unobserved.
(c) When towing mobile farm equipment, if the driver cannot see the workers in or on the
towed unit, there must be a way to communicate with them. Otherwise, there must be a
way for the riders in the towed unit to stop it in case of an emergency.
(10) Control of exhaust gases.
(a) Exhaust pipes must direct the exhaust gases away from the operator and
passengers.
(b) Insulate or isolate exhaust pipes exposed to contact.
(11) Safety equipment – vehicles operated on public roads.
(a) There must be a first aid kit on Class A and B commercial type vehicles that transport
workers. First aid kits must be clean, stocked and readily available to the driver or crew.
(b) There must be a B/C fire extinguisher on Class A and B commercial type vehicles
that transport workers.
(c) Vehicles designed to run less than 25 mph must display a “slow moving vehicle”
emblem as in 4/J, OAR 437-004-1180, Accident Prevention Signs, Symbols, Tags of
the Oregon Occupational Safety and Health Code and in ORS 483.457, “Slow Moving
Vehicle Emblem.”
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
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437-004-3410 U-9 Appendix A
Appendix A to 437-004-3410, Specific Equipment
815.110 Requirements for and use of slow-moving vehicle emblem. This section
establishes requirements for ORS 815.115. The requirements under this section are in
addition to any other requirements for lighting equipment provided by law. Except as
specifically provided by an exemption under ORS 815.120, a person violates ORS 815.115
if the person does not comply with any of the following requirements:
(1) The following types of vehicles must display slow-moving vehicle emblems described
under ORS 815.060:
(a) Vehicles or combinations of vehicles designed for customary use at speeds of less
than 25 miles per hour.
(b) Golf carts or similar vehicles when operated by a disabled person.
(c) Class I all-terrain vehicles operated on a highway under ORS 821.191 (1).
(2) Slow-moving vehicle emblems must meet the requirements for such emblems
established by the Department of Transportation by rule under ORS 815.060.
(3) Slow-moving vehicle emblems shall be displayed on the rear of the power unit. When a
combination of vehicles is being operated in a manner that obscures the emblem mounted
on the power unit, an additional emblem shall be displayed on the rear of the rearmost
vehicle in the combination. [1983 c.338 §469; 2001 c.529 §5]
815.120 Exemptions from emblem requirements. This section establishes exemptions
from the requirements of ORS 815.110 and 815.115. The exemptions under this section are
in addition to any exemptions under ORS 801.026. The exemptions under this section are
partial or complete as described in the following:
(1) Vehicles of special interest that are registered under ORS 805.020 are deemed to comply
with the requirements if:
(a) The vehicles are equipped with original manufacturer’s equipment and accessories,
or their equivalent, and are maintained in safe operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(2) Antique vehicles are not subject to the standards if the vehicles are maintained as
collectors’ items and used for exhibitions, parades, club activities and similar uses, but
not used primarily for the transportation of persons or property.
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(3) Road machinery, road rollers and farm tractors are not subject to the requirements except
as provided in this subsection. Such vehicles or combinations thereof are subject to the
requirements if the vehicles are designed for use at speeds less than 25 miles per hour,
except when such vehicles are engaged in actual construction or maintenance work and
guarded by a flagger or by clear visible warning signs. [1983 c.338 §470; 1985 c.16 §246;
1985 c.69 §8; 1997 c.402 §8]
IMPLEMENTS OF HUSBANDRY
820.400 Unlawful operation of implement of husbandry; penalty.
(1) A person commits the offense of unlawful operation of an implement of husbandry if the
person operates an implement of husbandry in violation of any of the following:
(a) Such vehicle must be driven as closely as is practicable to the right-hand edge of the
roadbed, including the shoulders, if any.
(b) Such vehicle, if the movement of the vehicle occurs during the hours of darkness,
must be equipped and operating two headlights, clearance lights and reflectors marking
the overall width as far as practical and visible from the front, rear and sides and a
taillight.
(c) No television viewer, screen or other means of visually receiving a television
broadcast shall be operated in an implement of husbandry at any time while the
implement of husbandry is being operated on a highway.
(d) Such vehicle must display, when driven, a slow-moving vehicle emblem described in
ORS 815.060.
(2) The offense described in this section, unlawful operation of an implement of husbandry,
is a Class D traffic violation. [1983 c.338 §779; 1985 c.69 §7; 1985 c.393 §55; 1995 c.383
§101]
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
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437-004-3420(1) U-11 437-004-3430(1)(f)
437-004-3420 Working from Vehicles and Vehicle Loads.
(1) Riding on loads. Employees must not ride on top of loads that may dangerously shift,
topple over, or otherwise become unstable. Employees must sit when riding on loads,
except when doing field work at slow, even speeds over smooth ground.
(2) Field operations. When employees work on the cargo space of moving trucks or
trailers, as in field operations, the operator must:
(a) Reduce vehicle speed to the slowest possible.
(b) Operate the vehicle at a steady, smooth rate. Avoid erratic moves.
(c) Travel parallel to rows or corrugations. When necessary to cross corrugations or
ditches, warn employees to sit down in a safe place, away from the edge, and to hold
on to a secure handhold.
(d) Except for vehicles being loaded while moving, set the brakes during loading.
(3) Load stability. Secure loads against dangerous displacement either by piling or
securing to prevent shifting, toppling over or other instability.
(4) Access to the load. There must be adequate access to safely reach the top of the load
for manual loading or unloading of high loads.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-3430 Training for Agriculture Tractor Operators.
(1) Training. Train all employees who drive an agricultural tractor about the operating
practices below and about any other practices peculiar to the work environment. Do this
training at the time of initial assignment to driving duties and at least annually after that.
(a) Securely fasten your seat belt if the tractor has a ROPS.
(b) Where possible, avoid operating the tractor near ditches, embankments, and holes.
(c) Reduce speed when turning, crossing slopes and on rough, slick or muddy surfaces.
(d) Stay off slopes too steep for safe operation.
(e) Watch where you are going, especially at row ends, on roads, and around trees.
(f) Do not permit others to ride unless there is a safe seat.
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437-004-3430(1)(g) U-12 437-004-3480(3)(a)
(g) Operate the tractor smoothly – no jerky turns, starts, or stops.
(h) Hitch only to the drawbar and hitch points recommended by the tractor manufacturer.
(i) When the tractor is stopped, set brakes securely and use park lock if available.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-3460 Industrial Vehicles.
(1) Modifications. The manufacturer or a professional engineer must direct
modifications and additions that affect capacity and safe operation of industrial vehicles.
Change the capacity, operations, and maintenance instruction plates, tags, or decals to
reflect the changes.
(2) Nameplates and markings. All nameplates and markings must be in place and legible.
(3) Capacity markings. The rated capacity of each power industrial truck must be legible
and in plain view of the operator.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-3480 Bridges, Roads and Ramps.
(1) Application. This applies to bridges, roads and ramps on agricultural places of
employment.
(2) Roads.
(a) Roads must be wide enough to allow safe operation of equipment.
(b) Low clearance areas that could present a hazard must have warning signs.
(c) Do not drive vehicles on or over broken planking, deep holes, large rocks, logs or
other dangerous surface defects.
(d) Remove obstructions to clear view at intersections or sharp curves or take
precautions to relieve the hazards.
(3) Bridges, runways and ramps.
(a) Bridges, runways or ramps and loading docks must be built to safely support any
anticipated load. Ramp surfaces must have a material that minimizes the danger of
skidding. Structural members must be sound and free of decay or deterioration that
could reduce safety.
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437-004-3480(3)(b) U-13 437-004-3600(1)
(b) Bridges and culverts must be wide enough to allow safe operation of equipment.
(c) The road surface of bridges and culverts must be safe, free of holes, broken planking,
and sloughing, caving, or slipping fill materials or approaches.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-3550 Servicing Multipiece and Single Piece Rim Wheels.
(1) Workers must use a safety tire rack, cage, or equivalent protection over tires mounted on
split rims with locking rings or similar devices, when:
(a) inflating tires; or
(b) adding air to tires on or off the vehicle if the tire was run while flat or if the rim or
locking device was disturbed in any way.
NOTE: A tire is flat if it has lost more than 50 percent of its normal pressure.
(2) Airlines used to inflate tires must have clip-on chucks.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-3600 Roll-Over Protective Structures (ROPS) for Tractors in
Agriculture.
(1) Definitions.
Agricultural tractor – A two- or four-wheel drive type vehicle, or track vehicle, of more
than 20 engine horsepower, designed to furnish the power to pull, carry, propel, or drive
implements designed for agriculture. Self-propelled implements are excluded.
Low profile tractor – A wheeled tractor with these characteristics:
The front wheel spacing equals the rear wheel spacing, measured from the centerline
of each right wheel to the centerline of the opposite left wheel;
The clearance from the bottom of the chassis to the ground is less than 18 inches;
The highest point of the hood is 60 inches or less; and
The tractor is designed so that a seated operator straddles the transmission.
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(1) – (2)(b)(A) U-14 437-004-3600
Tractor weight – Includes the protective frame or enclosure, all fuels, and other
components required for normal use of the tractor. Add ballast as necessary to get a
minimum total weight of 110 pounds (50.0 kilograms) per maximum power takeoff
horsepower at the rated engine speed or the maximum gross vehicle weight specified by
the manufacturer, whichever is the greatest. Front end weight must be at least 25
percent of the tractor test weight. If power takeoff horsepower is not available, use 95
percent of net engine flywheel horsepower.
(2) General requirements. Agricultural tractors manufactured after October 25, 1976, and
before January 1, 2007, must meet these requirements:
(a) Roll-over protective structures (ROPS) for tractors used in agriculture. A roll-
over protective structure must be on each tractor operated by an employee. Except as
in OAR 437-004-3600(5), ROPS on wheel-type tractors must meet the test and
performance requirements of one of these:
The American Society of Agricultural Engineers Standard (ASAE) S306.3-1974,
“Protective Frame for Agricultural Tractors – Test Procedures and Performance
Requirements” and Society of Automotive Engineers (SAE) Standard J334-1970,
“Protective Frame Test Procedures and Performance Requirements.”
ASAE Standard S336.1-1974, “Protective Enclosures for Agricultural Tractors – Test
Procedures and Performance Requirements” and SAE J1194-1994.
These ASAE and SAE standards are incorporated by reference. Get copies from:
American Society of Agricultural Engineers
2950 Niles Road, PO Box 229
St Joseph MI 49085
Society of Automotive Engineers
485 Lexington Avenue
New York NY 10017
Copies are available for review at the Oregon OSHA Resource Center, 350 Winter Street
NE, Salem, Oregon 97301-3882.
(b) Agricultural tractors manufactured on or after January 1, 2007, must meet these
requirements:
(A) Roll-over protective structures (ROPS) for tractors used in agriculture. A roll-over
protective structure must be on each tractor operated by an employee. Except as in
OAR 437-004-3600(5), ROPS on wheel-type tractors must meet the test and
performance requirements of:
Oregon Administrative Rules
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and Health Division
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437-004-3600 U-15 (2)(b)(A) – (3)(e)
(i) 29 CFR 1928.52 Protective frames for wheel-type agricultural tractors – test
procedures and performance requirements.
Link:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDAR
DS&p_id=13076
And
(ii) 29 CFR 1928.53 Protective enclosures for wheel-type agricultural tractors –
test procedures and performance requirements.
Link:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDAR
DS&p_id=13077
Copies of Federal OSHA rules are available at the Oregon OSHA Resource Center, 350
Winter Street NE, Salem, Oregon 97301-3882.
(3) Seat belts.
(a) When these rules require ROPS, the employer must:
(A) Have a seat belt that meets the requirement of this rule on each tractor;
(B) Ensure that workers use a seat belt while the tractor is moving; and
(C) Ensure that the worker tightens the seat belt enough to hold them in the
protective area of the ROPS.
(b) Each seat belt must meet the requirements in Society of Automotive Engineers
Standard J114-1994, J140-1995, J141-1995, J339-1994, and J800-1994, except;
(c) On suspended seats, fasten the seat belt to the movable part of the seat to
accommodate the ride motion of the operator.
(d) The seat belt anchorage must be able to withstand a static tensile load of 1,000
pounds (453.6 kilograms) at 45 degrees to the horizontal equally divided between the
anchorages. The seat mounting must be able to withstand this load plus a load equal
to four times the weight of all applicable seat components applied at 45 degrees to the
horizontal in a forward and upward direction. In addition, the seat mounting must be
able to withstand a 500-pound (226.8 kilograms) belt load plus twice the weight of all
applicable seat components both applied at 45 degrees to the horizontal in an upward
and rearward direction. Floor and seat deformation is acceptable if there is no structure
failure or release of the seat adjusted mechanism or other locking device.
(e) The seat belt webbing material must be resistant to acids, alkalis, mildew, aging,
moisture, and sunlight.
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(4) – (7)(d) U-16 437-004-3600
(4) Protection from sharp surfaces. Sharp edges and corners at the operator’s station
must not contribute to operator injury in case of a tip over or roll-over.
(5) Exempted uses. OAR 437-004-3600(2) and (3) do not apply to the following uses:
(a) “Low profile” tractors used in orchards, vineyards or hop yards where the vertical
clearance would interfere with normal use, and while their use is incidental to the work
done in that location.
(b) “Low profile” tractors used inside a farm building or greenhouse where the vertical
clearance does not allow a tractor with ROPS to operate, and while their use is incidental
to the work done in that location.
(c) Tractors with mounted equipment that is incompatible with ROPS (e.g., corn pickers,
cotton strippers, vegetable pickers and fruit harvesters);
(d) Track-type agricultural tractors whose overall width (as measured between the
outside edges of the tracks) is at least three times the height of their rated center of
gravity, and whose rated maximum speed in either forward or reverse is not greater than
7 mph, when used only for tillage or harvesting operations and while their use is
incidental thereto, and that:
(A) Does not involve operating on slopes more than 40 percent from the horizontal,
and
(B) Does not involve operating on piled crop products or residue, such as, silage in
stacks or pits, and
(C) Does not involve operating near irrigation ditches, or other excavations more than
2 feet deep which contain slopes more than 40 percent from the horizontal; and
(D) Does not involve construction type work, such as bulldozing, grading or land
clearing.
(6) Remounting. When ROPS is removed for any reason, remount it to meet the
requirements of these rules.
(7) Labeling. Each ROPS must have a permanent label that gives the:
(a) Manufacturer’s or fabricator’s name and address;
(b) ROPS model number, if any;
(c) Tractor makes, models, or series numbers that it is designed to fit; and
(d) That the ROPS model was tested according to the requirements of these rules.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
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437-004-3650 U-17 (1) – (3)(b)(F)
437-004-3650 Roll-Over Protective Structures – Industrial Vehicles.
(1) Application. There must be roll-over protective structures (ROPS) on certain industrial
vehicles manufactured after July 1, 1969. ROPS requirements apply to the following types of
industrial vehicles and equipment: Rubber-tired self-propelled scrapers; front-end loaders
and dozers; wheel-type industrial tractors; crawler tractors; crawler-type loaders; and motor
graders, with or without attachments. This requirement does not apply to sideboom pipe
laying tractors, or other vehicles whose structure prevents overturn. OAR 437-004-3600
covers ROPS for tractors used only in farming.
(2) ROPS – general requirements.
(a) Roll-over protective structures and their supporting attachments to industrial vehicles
must be capable of supporting twice the weight of the vehicle, applied at the point of
impact.
(b) The design objective for roll-over protective structures on industrial vehicles is to
minimize the likelihood of a complete vehicle overturn, and to minimize the possibility
of the operator being crushed.
(c) There must be a vertical clearance of at least 52 inches between the work deck and
the ROPS canopy.
(d) Once removed, remount ROPS with bolts or welding or equal or better quality as
required for the original mounting.
(3) Defects.
(a) Repairs to defective ROPS must be of equal quality or better materials and welding
as on the original structure.
(b) Minimum performance criteria for roll-over protective structures for designated
vehicles are in the following Society of Automotive Engineers (SAE) standards:
(A) Prime movers, for scrapers, water wagons, bottom dump wagons, side dump
wagons, rear dump wagons, towed fifth wheel attachments. (SAE J1040, 1994)
(B) Wheeled front-end loaders and wheeled dozers. (SAE J1040, 1994)
(C) Track-type tractors and front-end loaders. (SAE J1040, 1994)
(D) Motor graders. (SAE J1040, 1994)
(E) Wheel-type agricultural and industrial tractors. (SAE J167, 1992)
(F) Falling object protective structures (FOPS). (SAE J231, May 1981)
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(4) Identification of ROPS. Each ROPS must have the following information permanently
affixed to the structure:
(a) Manufacturer or fabricator’s name and address;
(b) ROPS model number, if any; and
(c) Machine make, model, or series number that the structure fits.
(5) Approved structures. Any machine in use, with roll-over protective structures, complies
with these rules if it meets the roll-over protective structure requirements of the U. S. Army
Corps of Engineers, or the Bureau of Reclamation of the U. S. Department of the Interior, in
effect on April 5, 1972. The requirements in effect are:
(a) U. S. Army Corps of Engineers: General Safety Requirements, EM-385-1-1
(September 1996).
(b) Bureau of Reclamation, U. S. Department of the Interior: Safety and Health
Regulations for Construction, Part II (September 1971).
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
437-004-3660 Vehicle-Mounted Elevating and Rotating Work Platforms.
NOTE: This section does not apply to aerial devices made and used in orchards or tree operations,
such as pruning.
(1) Definitions.
Aerial device. Any vehicle-mounted device, telescoping or articulating, or both, for
positioning personnel.
Platform. Any personnel-carrying device (basket or bucket) which is part of an aerial
device.
(2) Design requirements.
(a) The equipment operation manual must be with the equipment or the workers using
it. Workers must follow the manufacturer’s instructions and procedures. Work must
not exceed equipment limitations and restrictions.
(b) “Field modification” of aerial lifts for uses other than those intended by the
manufacturer are acceptable, if the manufacturer certifies in writing that the modification
conforms with ANSI A92.2-1990 and this section and is at least as safe as the equipment
was before modification. This certification may also be by any other equivalent entity,
such as a nationally recognized testing laboratory.
(c) Platforms must have standard guardrails that conform with OAR 437-004-0320(6).
Oregon Administrative Rules
Oregon Occupational Safety
and Health Division
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437-004-3660 U-19 (2)(d) – (4)(a)
(d) Gates in platform enclosures must have safety latches that prevent unintended
opening.
(e) Articulating boom and extensible boom platforms, primarily designed to carry
personnel, must have both platform (upper) and lower controls. Upper controls must be
in or beside the platform within easy reach of the operator. Lower controls must allow
overriding of the upper controls. Markings must clearly show each control’s function.
(3) Specific requirements.
(a) Extensible and articulating boom platforms.
(A) Test lift controls before use to determine that they are in safe working condition.
(B) Allow only trained persons to operate an aerial lift.
(C) Do not belt off to an adjacent pole, structure or equipment while working from an
aerial lift.
(D) Stand firmly on the floor of the basket. Do not sit or climb on the edge of the
basket or use planks, ladders or other devices for a work position.
(E) Wear a body belt and a lanyard attached to the boom or basket when in an aerial
lift. The lanyard must be as short as possible for the work but in no case longer than
6 feet.
(F) Do not exceed the manufacturer’s boom and basket load limits. Keep those limits
legibly posted on the boom.
(G) Set the brakes and position the outriggers on pads or a solid surface. Chock the
wheels before using an aerial lift on an incline.
(H) Do not move an aerial lift truck when the boom is elevated with people in the
basket, except for equipment specially designed for such movement.
(I) Do not alter the insulated portion of an aerial lift in a way that might reduce its
insulating value.
(J) Except as in (3)(b)(H) above, before moving an aerial lift for travel, inspect the
boom(s) to see that it is properly cradled and outriggers are stowed.
(4) Working near overhead high voltage lines.
(a) Required clearances for stationary work. Do not require or permit anybody to
enter or work near high-voltage lines unless danger from accidental contact with the lines
is guarded against or eliminated. Clearances and distances in OAR 437-004-3050
apply.
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END OF DOCUMENT –
(4)(b) – (4)(d) U-20 437-004-3660
(b) Clearance or safeguards for moving equipment. Do not move equipment in a way
that might allow the people or objects to come within 10 feet of high-voltage lines.
(A) For equipment in transit, on smooth surfaces, the clearance must be at least
4 feet for voltages less than 50 kV., 10 feet for voltages more than 50 kV., up to and
including 345 kV., and 16 feet for voltages up to and including 750 kV.
(B) When it is hard for the operator to see well enough to keep the desired clearance,
somebody must watch the work and warn the operator.
(C) Movement of the structures supporting the high-voltage lines or any of their
equipment, fixtures or attachments must not reduce the 10-foot clearance
requirement.
(c) Warning signs required. Post a warning sign, readable from 12 feet, that says,
“Unlawful to operate this equipment within 10 feet of high-voltage lines.”
(d) Notification to power company and responsibility for safeguards. When working
or placing material or equipment within 10 feet of any high-voltage line, the employer
must promptly notify the operator of the high-voltage line. Employers are responsible for
completing the safety measures required before allowing any work that could impair the
clearance.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f/8/28/98, ef. 10/1/98.
Oregon Administrative Rules
Chapter 437
Division 4
Agriculture
Worker Protection
Standard
Subdivision
Administrative
Order 2-2018
ii
The Oregon Department of Consumer and Business Services adopted these rules pursuant to ORS
654.025(2).
The Secretary of State designated OAR Chapter 437 as the “Oregon Occupational Safety and
Health Code.” Six general subject areas within this code are designated as “Divisions.”
Division 1 General Administrative Rules
Division 2 General Occupational Safety and Health Rules
Division 3 Construction
Division 4 Agriculture
Division 5 Maritime Activities
Division 7 Forest Activities
Oregon Revised Statutes (ORS) 654 The Oregon Safe Employment Act (OSEAct)
Oregon-initiated rules in this division of the Oregon Occupational Safety and Health Code are
numbered in a uniform system developed by the Secretary of State. This system does not
number the rules in sequence (001, 002, 003, etc.). Omitted numbers may be assigned to new
rules at the time of their adoption.
Oregon-initiated rules are arranged in the following Basic Codification Structure adopted by the
Secretary of State for Oregon Administrative Rules (OAR):
Chapter Division Rule Section Subsection Paragraphs
437 002 0322 (1) (a) (A)(i)(I)
The majority of Oregon OSHA rules are adopted by reference from the Code of Federal
Regulations (CFR), and are arranged in the following basic federal numbering system:
Chapter Division Part Subpart Section Paragraphs
(Subdivision)
437 002 1910 G .303 (a)(1)(i)(A)
(1)
The terms “subdivision” and “subpart” are synonymous within OAR 437, Oregon Occupational
Safety and Health Code.
To obtain an order form or copies of these codes, address:
Department of Consumer & Business Services
Oregon Occupational Safety & Health Division (Oregon OSHA)
350 Winter St. NE
Salem, OR 97301-3882
Or call the Oregon OSHA Resource Library at 503-378-3272
The rules referenced in this division are available for viewing in the Office of the Secretary of
State, Oregon State Archives Building, Salem, Oregon, or the Central Office, Oregon Occupational
Safety and Health Division of the Department of Consumer and Business Services, 350 Winter St.
NE, Salem, Oregon, and on our web site at osha.oregon.gov
.
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Table of contents
437-004-6000
Adoption by Reference of Federal Worker Protection Standard
. 1
437-004-6001
Expiration and Implementation Dates
................................... 2
Subpart D--General Provisions
170.301 Scope and purpose ............................................................ 5
170.303 Applicability of this part ...................................................... 5
170.305 Definitions ........................................................................ 6
170.309 Agricultural employer duties .............................................. 11
170.311 Display requirements for pesticide safety information and
pesticide application and hazard information ....................... 14
170.313 Commercial pesticide handler employer duties..................... 19
170.315 Prohibited actions ............................................................ 22
Subpart E--Requirements for Protection of Agricultural Workers
170.401 Training requirements for workers ..................................... 25
437-004-6401
Effective dates for worker training programs in Oregon
......... 26
170.403 Establishment-specific information for workers .................... 29
170.405 Entry restrictions associated with pesticide applications ........ 30
437-004-6405
Restrictions associated with outdoor production pesticide
applications
..................................................................... 30
437-004-6406
Pesticide spray drift and innovative methods
....................... 34
170.407 Worker entry restrictions after pesticide applications ............ 37
170.409 Oral and posted notification of worker entry restrictions ....... 37
170.411 Decontamination supplies for workers ................................ 44
Subpart F--Requirements for Protection of Agricultural Pesticide Handlers
170.501 Training requirements for handlers..................................... 47
437-004-6501
Handler training programs in Oregon
.................................. 48
437-004-6502
Oregon requirements for Worker Protection Standard trainers of
handlers who qualify using train-the-trainer programs
.......... 49
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170.503 Knowledge of labeling, application-specific, and establishment-
specific information for handlers ........................................ 50
170.505 Requirements during applications to protect handlers, workers,
and other persons ............................................................ 51
170.507 Personal protective equipment ........................................... 52
437-004-6508
Respiratory Protection
...................................................... 55
170.509 Decontamination and eye flushing supplies for handlers ....... 58
437-004-6509
Emergency eye-washes and eye flushing supplies
................ 59
Subpart G--Exemptions, Exceptions and Equivalency
170.601 Exemptions ..................................................................... 61
170.603 Exceptions for entry by workers during restricted-entry
intervals ......................................................................... 62
170.605 Agricultural employer responsibilities to protect workers
entering treated areas during a restricted-entry interval ....... 65
170.607 Exceptions to personal protective equipment requirements
specified on pesticide product labeling ................................ 67
Notes
Historical Notes for Subdivision W ............................................................... 73
List of Figures for Subdivision W ................................................................. 76
List of Tables for Subdivision W .................................................................. 76
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437-004-6000 Adoption by Reference of Federal Worker Protection
Standard
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, 40 CFR 170, in the
Federal Register:
Note: Oregon OSHA did not adopt revisions to Sections 170.2; 170.135; 170.235 published in the
November 2, 2015 Federal Register.
(4) Subpart D--General Provisions
(a) 40 CFR 170.301 Scope and purpose.
(b) 40 CFR 170.303 Applicability of this part.
(c) 40 CFR 170.305 Definitions.
(d) 40 CFR 170.309 Agricultural employer duties.
(e) 40 CFR 170.311 Display requirements for pesticide safety information and
pesticide application and hazard information.
(f) 40 CFR 170.313 Commercial pesticide handler employer duties.
(g) 40 CFR 170.315 Prohibited actions.
Note: Oregon OSHA did not adopt 170.317 Violations of this part.
(5) Subpart E--Requirements for Protection of Agricultural Workers
(a) 40 CFR 170.401 Training requirements for workers.
(b) 40 CFR 170.403 Establishment-specific information for workers.
(c) 40 CFR 170.405 Entry restrictions associated with pesticide applications.
(d) 40 CFR 170.407 Worker entry restrictions after pesticide applications.
(e) 40 CFR 170.409 Oral and posted notification of worker entry restrictions.
(f) 40 CFR 170.411 Decontamination supplies for workers.
(6) Subpart F--Requirements for Protection of Agricultural Pesticide Handlers
(a) 40 CFR 170.501 Training requirements for handlers.
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(b) 40 CFR 170.503 Knowledge of labeling, application-specific, and
establishment-specific information for handlers.
(c) 40 CFR 170.505 Requirements during applications to protect handlers,
workers, and other persons.
(d) 40 CFR 170.507 Personal protective equipment.
(e) 40 CFR 170.509 Decontamination and eye flushing supplies for handlers.
(7) Subpart G--Exemptions, Exceptions and Equivalency
(a) 40 CFR 170.601 Exemptions.
(b) 40 CFR 170.603 Exceptions for entry by workers during restricted-entry
intervals.
(c) 40 CFR 170.605 Agricultural employer responsibilities to protect workers
entering treated areas during a restricted-entry interval.
(d) 40 CFR 170.607 Exceptions to personal protective equipment
requirements specified on pesticide product labeling.
Note: Oregon OSHA did not adopt Sec. 170.609 Equivalency requests.
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) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist: OR-OSHA Admin. Order 4-1998, f. 8/28/98, ef. 10/1/98.
OR-OSHA Admin. Order 7-2004, f. 12/30/04, ef. 12/30/04.
OR-OSHA Admin. Order 9-2006, f. 9/22/06, ef. 9/22/06.
OR-OSHA Admin. Order 9-2009, f. 9/21/09, ef. 9/21/09.
OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
437-004-6001 Expiration and Implementation Dates
(1) Expiration date. Division 4/W, 170.1 through 170.260 of the Worker
Protection Standard shall expire on, and will no longer be effective after
December 31, 2017.
(2) Implementation date. Beginning January 1, 2018, the requirements of
Division 4/W, 170.301 through 170.607; and 437-004-6001, 437-004-6401,
437-004-6501, 437-004-6502, 437-004-6508, and 437-004-6509, shall apply
to the use of pesticide products as defined in Section 170.303 Applicability of
the Worker Protection Standard.
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Note: Oregon OSHA is initiating a new rulemaking on OAR 437-004-6405 and OAR 437-004-6406
in early 2017 with the intention of adopting those rules into the modified Division 4/W Worker
Protection Standard with an effective date of January 1, 2018.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
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Subpart D--General Provisions
170.301 Scope and purpose
This regulation is primarily intended to reduce the risks of illness or injury to
workers and handlers resulting from occupational exposures to pesticides used in
the production of agricultural plants on agricultural establishments. It requires
agricultural employers and commercial pesticide handler employers to provide
specific information and protections to workers, handlers and other persons when
pesticides are used on agricultural establishments in the production of
agricultural plants. It also requires handlers to wear the labeling-specified
clothing and personal protective equipment when performing handler activities,
and to take measures to protect workers and other persons during pesticide
applications.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.303 Applicability of this part
(a) This regulation applies whenever a pesticide product bearing a label requiring
compliance with this part is used in the production of agricultural plants on an
agricultural establishment, except as provided in paragraphs (b) and (c) of
this section.
(b) This regulation does not apply when a pesticide product bearing a label
requiring compliance with this part is used on an agricultural establishment in
any of the following circumstances:
(1) As part of government-sponsored public pest control programs over which
the owner, agricultural employer and handler employer have no control,
such as mosquito abatement and Mediterranean fruit fly eradication
programs.
(2) On plants other than agricultural plants, which may include plants in home
fruit and vegetable gardens and home greenhouses, and permanent
plantings for ornamental purposes, such as plants that are in ornamental
gardens, parks, public or private landscaping, lawns or other grounds that
are intended only for aesthetic purposes or climatic modification.
(3) For control of vertebrate pests, unless directly related to the production of
an agricultural plant.
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(4) As attractants or repellents in traps.
(5) On the harvested portions of agricultural plants or on harvested timber.
(6) For research uses of unregistered pesticides.
(7) On pasture and rangeland where the forage will not be harvested for hay.
(8) In a manner not directly related to the production of agricultural plants,
including, but not limited to structural pest control and control of
vegetation in non-crop areas.
(c) Where a pesticide product's labeling-specific directions for use or other
labeling requirements are inconsistent with requirements of this part, users
must comply with the pesticide product labeling, except as provided for in
Sec. 170.601, 170.603 and 170.607.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.305 Definitions
Terms used in this part have the same meanings they have in the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the
following terms, when used in this part, shall have the following meanings:
Agricultural employer means any person who is an owner of, or is responsible for
the management or condition of, an agricultural establishment, and who
employs any worker or handler.
Agricultural establishment means any farm, forest operation, or nursery engaged
in the outdoor or enclosed space production of agricultural plants. An
establishment that is not primarily agricultural is an agricultural establishment
if it produces agricultural plants for transplant or use (in part or their entirety)
in another location instead of purchasing the agricultural plants.
Agricultural plant means any plant, or part thereof, grown, maintained, or
otherwise produced for commercial purposes, including growing, maintaining
or otherwise producing plants for sale or trade, for research or experimental
purposes, or for use in part or their entirety in another location. Agricultural
plant includes, but is not limited to, grains, fruits and vegetables; wood fiber
or timber products; flowering and foliage plants and trees; seedlings and
transplants; and turf grass produced for sod. Agricultural plant does not
include pasture or rangeland used for grazing.
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Application exclusion zone means the area surrounding the application equipment
that must be free of all persons other than appropriately trained and equipped
handlers during pesticide applications.
Chemigation means the application of pesticides through irrigation systems.
Closed system means an engineering control used to protect handlers from
pesticide exposure hazards when mixing and loading pesticides.
Commercial pesticide handler employer means any person, other than an
agricultural employer, who employs any handler to perform handler activities
on an agricultural establishment. A labor contractor who does not provide
pesticide application services or supervise the performance of handler
activities, but merely employs laborers, who perform handler activities at the
direction of an agricultural or handler employer, is not a commercial pesticide
handler employer.
Commercial pesticide handling establishment means any enterprise, other than
an agricultural establishment, that provides pesticide handler or crop advising
services to agricultural establishments.
Crop advisor means any person who is assessing pest numbers, damage,
pesticide distribution, or the status or requirements of agricultural plants.
Designated representative means any persons designated in writing by a worker
or handler to exercise a right of access on behalf of the worker or handler to
request and obtain a copy of the pesticide application and hazard information
required by Sec. 170.309(h) in accordance with Sec. 170.311(b) of this part.
Early entry means entry by a worker into a treated area on the agricultural
establishment after a pesticide application is complete, but before any
restricted-entry interval for the pesticide has expired.
Employ means to obtain, directly or through a labor contractor, the services of a
person in exchange for a salary or wages, including piece-rate wages, without
regard to who may pay or who may receive the salary or wages. It includes
obtaining the services of a self-employed person, an independent contractor,
or a person compensated by a third party, except that it does not include an
agricultural employer obtaining the services of a handler through a
commercial pesticide handler employer or a commercial pesticide handling
establishment.
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Enclosed cab means a cab with a nonporous barrier that totally surrounds the
occupant(s) of the cab and prevents dermal contact with pesticides that are
being applied outside of the cab.
Enclosed space production means production of an agricultural plant indoors or in
a structure or space that is covered in whole or in part by any nonporous
covering and that is large enough to permit a person to enter.
Fumigant means any pesticide product that is a vapor or gas, or forms a vapor or
gas upon application, and whose pesticidal action is achieved through the
gaseous or vapor state.
Hand labor means any agricultural activity performed by hand or with hand tools
that causes a worker to have substantial contact with plants, plant parts, or
soil and other surfaces that may contain pesticide residues, except that hand
labor does not include operating, moving, or repairing irrigation or watering
equipment or performing crop advisor tasks.
Handler means any person, including a self-employed person, who is employed
by an agricultural employer or commercial pesticide handler employer and
performs any of the following activities:
(1) Mixing, loading, or applying pesticides.
(2) Disposing of pesticides.
(3) Handling opened containers of pesticides, emptying, triple-rinsing, or
cleaning pesticide containers according to pesticide product labeling
instructions, or disposing of pesticide containers that have not been
cleaned. The term does not include any person who is only handling
unopened pesticide containers or pesticide containers that have been
emptied or cleaned according to pesticide product labeling instructions.
Note: Unless pesticide containers have been emptied AND cleaned according to product
labeling instructions, handling them is considered a type of handling activity.
(4) Acting as a flagger.
(5) Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or
application equipment that may contain pesticide residues.
(6) Assisting with the application of pesticides.
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(7) Entering an enclosed space after the application of a pesticide and before
the inhalation exposure level listed in the labeling has been reached or one
of the ventilation criteria established by Sec. 170.405(b)(3) or the labeling
has been met to operate ventilation equipment, monitor air levels, or
adjust or remove coverings used in fumigation.
(8) Entering a treated area outdoors after application of any soil fumigant
during the labeling-specified entry-restricted period to adjust or remove
coverings used in fumigation.
(9) Performing tasks as a crop advisor during any pesticide application or
restricted-entry interval, or before the inhalation exposure level listed in
the pesticide product labeling has been reached or one of the ventilation
criteria established by Sec. 170.405(b)(3) or the pesticide product labeling
has been met.
Handler employer means any person who is self-employed as a handler or who
employs any handler.
Immediate family is limited to the spouse, parents, stepparents, foster parents,
father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-
law, daughters-in-law, grandparents, grandchildren, brothers, sisters,
brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first
cousins. ``First cousin'' means the child of a parent's sibling, i.e., the child of
an aunt or uncle.
Note: In Oregon, the farm’s family members include all of the immediate family listed above
and any blood relative living as a dependent of the core family. Farm family members do not
fall under the rules and jurisdiction of Oregon OSHA whether or not they elect workers’
compensation coverage. Where farms also hire non-family workers, Oregon OSHA will only
cite for violations where the non-family workers are or could be exposed to the hazard.
Labor contractor means a person, other than a commercial pesticide handler
employer, who employs workers or handlers to perform tasks on an
agricultural establishment for an agricultural employer or a commercial
pesticide handler employer.
Outdoor production means production of an agricultural plant in an outside area
that is not enclosed or covered in any way that would obstruct the natural air
flow.
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Owner means any person who has a present possessory interest (e.g., fee,
leasehold, rental, or other) in an agricultural establishment. A person who has
both leased such agricultural establishment to another person and granted
that same person the right and full authority to manage and govern the use of
such agricultural establishment is not an owner for purposes of this part.
Personal protective equipment means devices and apparel that are worn to
protect the body from contact with pesticides or pesticide residues, including,
but not limited to, coveralls, chemical-resistant suits, chemical-resistant
gloves, chemical-resistant footwear, respirators, chemical-resistant aprons,
chemical-resistant headgear, and protective eyewear.
Restricted-entry interval means the time after the end of a pesticide application
during which entry into the treated area is restricted.
Safety data sheet has the same meaning as the definition at 29 CFR
1910.1200(c).
Treated area means any area to which a pesticide is being directed or has been
directed.
Use, as in “to use a pesticide” means any of the following:
(1) Pre-application activities, including, but not limited to:
(i) Arranging for the application of the pesticide.
(ii) Mixing and loading the pesticide.
(iii) Making necessary preparations for the application of the pesticide,
including responsibilities related to worker notification, training of
workers or handlers, providing decontamination supplies, providing
pesticide safety information and pesticide application and hazard
information, use and care of personal protective equipment, providing
emergency assistance, and heat stress management.
(2) Application of the pesticide.
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(3) Post-application activities intended to reduce the risks of illness and
injury resulting from handlers' and workers' occupational exposures to
pesticide residues during and after the restricted-entry interval, including
responsibilities related to worker notification, training of workers or early-
entry workers, providing decontamination supplies, providing pesticide
safety information and pesticide application and hazard information, use
and care of personal protective equipment, providing emergency
assistance, and heat stress management.
(4) Other pesticide-related activities, including, but not limited to,
transporting or storing pesticides that have been opened, cleaning
equipment, and disposing of excess pesticides, spray mix, equipment
wash waters, pesticide containers, and other pesticide-containing
materials.
Worker means any person, including a self-employed person, who is employed
and performs activities directly relating to the production of agricultural plants
on an agricultural establishment.
Note: Oregon statutes define workers (employees) more generally to include any individual,
including a minor, whether lawfully or unlawfully employed, who engages to furnish services
for remuneration, financial or otherwise, subject to the direction and control of an employer.
Worker housing area means any place or area of land on or near an agricultural
establishment where housing or space for housing is provided for workers or
handlers by an agricultural employer, owner, labor contractor, or any other
person responsible for the recruitment or employment of agricultural workers.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.309 Agricultural employer duties
Agricultural employers must:
(a) Ensure that any pesticide is used in a manner consistent with the pesticide
product labeling, including the requirements of this part, when applied on the
agricultural establishment.
(b) Ensure that each worker and handler subject to this part receives the
protections required by this part.
(c) Ensure that any handler and any early entry worker is at least 18 years old.
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(d) Provide to each person, including labor contractors, who supervises any
workers or handlers information and directions sufficient to ensure that each
worker and handler receives the protections required by this part. Such
information and directions must specify the tasks for which the supervisor is
responsible in order to comply with the provisions of this part.
(e) Require each person, including labor contractors, who supervises any workers
or handlers to provide sufficient information and directions to each worker
and handler to ensure that they can comply with the provisions of this part.
(f) Provide emergency assistance in accordance with this paragraph. If there is
reason to believe that a worker or handler has experienced a potential
pesticide exposure during his or her employment on the agricultural
establishment or shows symptoms similar to those associated with acute
exposure to pesticides during or within 72 hours after his or her employment
on the agricultural establishment, and needs emergency medical treatment,
the agricultural employer must do all of the following promptly after learning
of the possible poisoning or injury:
(1) Make available to that person transportation from the agricultural
establishment, including any worker housing area on the establishment, to
an operating medical care facility capable of providing emergency medical
treatment to a person exposed to pesticides.
(2) Provide all of the following information to the treating medical personnel:
(i) Copies of the applicable safety data sheet(s) and the product name(s),
EPA registration number(s) and active ingredient(s) for each pesticide
product to which the person may have been exposed.
(ii) The circumstances of application or use of the pesticide on the
agricultural establishment.
(iii) The circumstances that could have resulted in exposure to the
pesticide.
(g) Ensure that workers or other persons employed by the agricultural
establishment do not clean, repair, or adjust pesticide application equipment,
unless trained as a handler under Sec. 170.501. Before allowing any person
not directly employed by the agricultural establishment to clean, repair, or
adjust equipment that has been used to mix, load, transfer, or apply
pesticides, the agricultural employer must provide all of the following
information to such person:
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(1) Pesticide application equipment may be contaminated with pesticides.
(2) The potentially harmful effects of exposure to pesticides.
(3) Procedures for handling pesticide application equipment and for limiting
exposure to pesticide residues.
(4) Personal hygiene practices and decontamination procedures for preventing
pesticide exposures and removing pesticide residues.
Note: Oregon OSHA did not adopt Sec. 170.501(c)(2) or (3). OAR 437-004-6501 applies instead.
(h) Display, maintain, and provide access to pesticide safety information and
pesticide application and hazard information in accordance with Sec. 170.311
if workers or handlers are on the establishment and within the last 30 days a
pesticide product has been used or a restricted-entry interval for such
pesticide has been in effect on the establishment.
(i) Ensure that before a handler uses any equipment for mixing, loading,
transferring, or applying pesticides, the handler is instructed in the safe
operation of such equipment.
(j) Ensure that before each day of use, equipment used for mixing, loading,
transferring, or applying pesticides is inspected for leaks, clogging, and worn
or damaged parts, and any damaged equipment is repaired or replaced.
(k) Ensure that whenever handlers employed by a commercial pesticide handling
establishment will be on an agricultural establishment, the handler employer
is provided information about, or is aware of, the specific location and
description of any treated areas on the agricultural establishment where a
restricted-entry interval is in effect that the handler may be in (or may walk
within 1/4 mile of), and any restrictions on entering those areas.
(l) Ensure that workers do not enter any area on the agricultural establishment
where a pesticide has been applied until the applicable pesticide application
and hazard information for each pesticide product applied to that area is
displayed in accordance with Sec. 170.311(b), and until after the restricted-
entry interval has expired and all treated area warning signs have been
removed or covered, except for entry permitted by Sec. 170.603 of this part.
(m) Provide any records or other information required by this part for inspection
and copying upon request by an employee of EPA or any duly authorized
representative of a Federal, State or Tribal government agency responsible for
pesticide enforcement.
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Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.311 Display requirements for pesticide safety information and
pesticide application and hazard information
(a) Display of Pesticide Safety Information. Whenever pesticide safety
information and pesticide application and hazard information are required to
be provided under Sec. 170.309(h), pesticide safety information must be
displayed in accordance with this paragraph.
(1) General. The pesticide safety information must be conveyed in a manner
that workers and handlers can understand.
Note: Oregon OSHA did not adopt 170.311(a)(2)(i)-(ix). The pesticide safety information
required to be posted prior to January 1, 2017 is described in Sections 170.135 and 170.235
of the Worker Protection Standard.
(3) Content after January 1, 2018. After January 1, 2018, the pesticide safety
information must include all of the points in Sec. 170.311(a)(3)(i)-(x)
instead of the points listed in Sec. 170.311(a)(2)(i)-(ix).
(i) Avoid getting on the skin or into the body any pesticides that may be
on or in plants, soil, irrigation water, tractors, and other equipment, on
used personal protective equipment, or drifting from nearby
applications.
(ii) Wash before eating, drinking, using chewing gum or tobacco, or using
the toilet.
(iii) Wear work clothing that protects the body from pesticide residues
(long-sleeved shirts, long pants, shoes and socks, and a hat or scarf).
(iv) Wash or shower with soap and water, shampoo hair, and put on clean
clothes after work.
(v) Wash work clothes separately from other clothes before wearing them
again.
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(vi) If pesticides are spilled or sprayed on the body use decontamination
supplies to wash immediately, or rinse off in the nearest clean water,
including springs, streams, lakes or other sources if more readily
available than decontamination supplies, and as soon as possible, wash
or shower with soap and water, shampoo hair, and change into clean
clothes.
(vii) Follow directions about keeping out of treated areas and application
exclusion zones.
(viii) Instructions to employees to seek medical attention as soon as
possible if they believe they have been poisoned, injured or made ill by
pesticides.
(ix) The name, address, and telephone number of a nearby operating
medical care facility capable of providing emergency medical
treatment. This information must be clearly identified as emergency
medical contact information on the display.
(x) The name, address and telephone number of the State or Tribal
pesticide regulatory agency.
(4) Changes to pesticide safety information. The agricultural employer must
update the pesticide safety information display within 24 hours of notice of
any changes to the information required in Sec. 170.311(a)(2)(viii) or
170.311(a)(3)(ix).
Note: The required safety information referred to in (4) is the name, address, and telephone
number of the facility identified as emergency medical contact.
(5) Location. The pesticide safety information must be displayed at each of
the following sites on the agricultural establishment:
(i) The site selected pursuant to Sec. 170.311(b)(2) for display of
pesticide application and hazard information.
(ii) Anywhere that decontamination supplies must be provided on the
agricultural establishment pursuant to Sec. Sec. 170.411, 170.509 or
170.605, but only when the decontamination supplies are located at
permanent sites or being provided at locations and in quantities to
meet the requirements for 11 or more workers or handlers.
(6) Accessibility. When pesticide safety information is required to be
displayed, workers and handlers must be allowed access to the pesticide
safety information at all times during normal work hours.
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(7) Legibility. The pesticide safety information must remain legible at all times
when the information is required to be displayed.
(b) Keeping and displaying pesticide application and hazard information.
Whenever pesticide safety information and pesticide application and hazard
information is required to be provided under Sec. 170.309(h), pesticide
application and hazard information for any pesticides that are used on the
agricultural establishment must be displayed, retained, and made accessible
in accordance with this paragraph.
Note: The full requirements of the Hazard Communication Standard apply in Oregon. For
employers subject to the Division 4 rules, Division 4/Z, OAR 437-004-9800 applies. For employers
subject to the Division 2 and/or the Division 7 rules, Division 2/Z, 1910.1200 applies.
(1) Content. The pesticide application and hazard information must include all
of the following information for each pesticide product applied:
(i) A copy of the safety data sheet.
(ii) The name, EPA registration number, and active ingredient(s) of the
pesticide product.
(iii) The crop or site treated and the location and description of the treated
area.
(iv) The date(s) and times the application started and ended.
(v) The duration of the applicable labeling-specified restricted-entry
interval for that application.
(2) Location. The pesticide application and hazard information must be
displayed at a place on the agricultural establishment where workers and
handlers are likely to pass by or congregate and where it can be readily
seen and read.
(3) Accessibility. When the pesticide application and hazard information is
required to be displayed, workers and handlers must be allowed access to
the location of the information at all times during normal work hours.
(4) Legibility. The pesticide application and hazard information must remain
legible at all times when the information is required to be displayed.
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(5) Timing. The pesticide application and hazard information for each
pesticide product applied must be displayed no later than 24 hours after
the end of the application of the pesticide. The pesticide application and
hazard information must be displayed continuously from the beginning of
the display period until at least 30 days after the end of the last applicable
restricted-entry interval, or until workers or handlers are no longer on the
establishment, whichever is earlier.
(6) Record retention. Whenever pesticide safety information and pesticide
application and hazard information is required to be displayed in
accordance with this paragraph (b), the agricultural employer must retain
the pesticide application and hazard information described in Sec.
170.311(b)(1) on the agricultural establishment for two years after the
date of expiration of the restricted-entry interval applicable to the
pesticide application conducted.
Note: The full requirements of 1910.1020, Access to Employee Exposure and Medical Records
apply in Oregon.
(7) Access to pesticide application and hazard information by a worker or
handler.
(i) If a person is or was employed as a worker or handler by an
establishment during the period that particular pesticide application
and hazard information was required to be displayed and retained for
two years in accordance with Sec. 170.311(b)(5) and 170.311(b)(6),
and the person requests a copy of such application and/or hazard
information, or requests access to such application and/or hazard
information after it is no longer required to be displayed, the
agricultural employer must provide the worker or handler with a copy
of or access to all of the requested information within 15 days of the
receipt of any such request. The worker or handler may make the
request orally or in writing.
(ii) Whenever a record has been previously provided without cost to a
worker or handler or their designated representative, the agricultural
employer may charge reasonable, non-discriminatory administrative
costs (i.e., search and copying expenses but not including overhead
expenses) for a request by the worker or handler for additional copies
of the record.
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(8) Access to pesticide application and hazard information by treating medical
personnel. Any treating medical personnel, or any person acting under the
supervision of treating medical personnel, may request, orally or in
writing, access to or a copy of any information required to be retained for
two years by Sec. 170.311(b)(6) in order to inform diagnosis or treatment
of a worker or handler who was employed on the establishment during the
period that the information was required to be displayed. The agricultural
employer must promptly provide a copy of or access to all of the
requested information applicable to the worker's or handler's time of
employment on the establishment after receipt of the request.
(9) Access to pesticide application and hazard information by a designated
representative.
(i) Any worker's or handler's designated representative may request
access to or a copy of any information required to be retained for two
years by Sec. 170.311(b)(6) on behalf of a worker or handler
employed on the establishment during the period that the information
was required to be displayed. The agricultural employer must provide
access to or a copy of the requested information applicable to the
worker's or handler's time of employment on the establishment within
15 days after receiving any such request, provided the request meets
the requirements specified in Sec. 170.311(b)(9)(ii).
(ii) A request by a designated representative for access to or a copy of any
pesticide application and/or hazard information must be in writing and
must contain all of the following:
(A) The name of the worker or handler being represented.
(B) A description of the specific information being requested. The
description should include the dates of employment of the worker
or handler, the date or dates for which the records are requested,
type of work conducted by the worker or handler (e.g., planting,
harvesting, applying pesticides, mixing or loading pesticides) during
the period for which the records are requested, and the specific
application and/or hazard information requested.
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(C) A written statement clearly designating the representative to
request pesticide application and hazard information on the
worker's or handler's behalf, bearing the worker's or handler's
printed name and signature, the date of the designation, and the
printed name and contact information for the designated
representative.
(D) If the worker or handler requests that the pesticide application
and/or the hazard information be sent, direction for where to send
the information (e.g., mailing address or email address).
(iii) If the written request from a designated representative contains all of
the necessary information specified in Sec. 170.313(b)(9)(ii), the
employer must provide a copy of or access to all of the requested
information applicable to the worker's or handler's time of employment
on the establishment to the designated representative within 15 days
of receiving the request.
(iv) Whenever a record has been previously provided without cost to a
worker or handler or their designated representative, the agricultural
employer may charge reasonable, non-discriminatory administrative
costs (i.e., search and copying expenses but not including overhead
expenses) for a request by the designated representative for additional
copies of the record.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.313 Commercial pesticide handler employer duties
Commercial pesticide handler employers must:
(a) Ensure that any pesticide is used in a manner consistent with the pesticide
product labeling, including the requirements of this part, when applied on an
agricultural establishment by a handler employed by the commercial pesticide
handling establishment.
(b) Ensure each handler employed by the commercial pesticide handling
establishment and subject to this part receives the protections required by
this part.
(c) Ensure that any handler employed by the commercial pesticide handling
establishment is at least 18 years old.
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(d) Provide to each person, including labor contractors, who supervises any
handlers employed by the commercial pesticide handling establishment,
information and directions sufficient to ensure that each handler receives the
protections required by this part. Such information and directions must
specify the tasks for which the supervisor is responsible in order to comply
with the provisions of this part.
(e) Require each person, including labor contractors, who supervises any
handlers employed by the commercial pesticide handling establishment, to
provide sufficient information and directions to each handler to ensure that
the handler can comply with the provisions of this part.
(f) Ensure that before any handler employed by the commercial pesticide
handling establishment uses any equipment for mixing, loading, transferring,
or applying pesticides, the handler is instructed in the safe operation of such
equipment.
(g) Ensure that, before each day of use, equipment used by their employees for
mixing, loading, transferring, or applying pesticides is inspected for leaks,
obstructions, and worn or damaged parts, and any damaged equipment is
repaired or is replaced.
(h) Ensure that whenever a handler who is employed by a commercial pesticide
handling establishment will be on an agricultural establishment, the handler is
provided information about, or is aware of, the specific location and
description of any treated areas where a restricted-entry interval is in effect,
and the restrictions on entering those areas.
(i) Provide the agricultural employer all of the following information before the
application of any pesticide on an agricultural establishment:
(1) Specific location(s) and description of the area(s) to be treated.
(2) The date(s) and start and estimated end times of application.
(3) Product name, EPA registration number, and active ingredient(s).
(4) The labeling-specified restricted-entry interval applicable for the
application.
(5) Whether posting, oral notification or both are required under Sec.
170.409.
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(6) Any restrictions or use directions on the pesticide product labeling that
must be followed for protection of workers, handlers, or other persons
during or after application.
(j) If there are any changes to the information provided in Sec. 170.313(i)(1),
Sec. 170.313(i)(4), Sec. 170.313(i)(5), Sec. 170.313(i)(6) or if the start time
for the application will be earlier than originally forecasted or scheduled,
ensure that the agricultural employer is provided updated information prior to
the application. If there are any changes to any other information provided
pursuant to Sec. 170.313(i), the commercial pesticide handler employer must
provide updated information to the agricultural employer within two hours
after completing the application. Changes to the estimated application end
time of less than one hour need not be reported to the agricultural employer.
(k) Provide emergency assistance in accordance with this paragraph. If there is
reason to believe that a handler employed by the commercial pesticide
handling establishment has experienced a potential pesticide exposure during
his or her employment by the commercial pesticide handling establishment or
shows symptoms similar to those associated with acute exposure to pesticides
during or within 72 hours after his or her employment by the commercial
pesticide handling establishment, and needs emergency medical treatment,
the commercial pesticide handler employer must do all of the following
promptly after learning of the possible poisoning or injury:
(1) Make available to that person transportation from the commercial
pesticide handling establishment, or any agricultural establishment on
which that handler may be working on behalf of the commercial pesticide
handling establishment, to an operating medical care facility capable of
providing emergency medical treatment to a person exposed to pesticides.
(2) Provide all of the following information to the treating medical personnel:
(i) Copies of the applicable safety data sheet(s) and the product name(s),
EPA registration number(s) and active ingredient(s) for each pesticide
product to which the person may have been exposed.
(ii) The circumstances of application or use of the pesticide.
(iii) The circumstances that could have resulted in exposure to the
pesticide.
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(l) Ensure that persons directly employed by the commercial pesticide handling
establishment do not clean, repair, or adjust pesticide application equipment,
unless trained as a handler under Sec. 170.501. Before allowing any person
not directly employed by the commercial pesticide handling establishment to
clean, repair, or adjust equipment that has been used to mix, load, transfer,
or apply pesticides, the commercial pesticide handler employer must provide
all of the following information to such persons:
(1) Notice that the pesticide application equipment may be contaminated with
pesticides.
(2) The potentially harmful effects of exposure to pesticides.
(3) Procedures for handling pesticide application equipment and for limiting
exposure to pesticide residues.
(4) Personal hygiene practices and decontamination procedures for preventing
pesticide exposures and removing pesticide residues.
(m) Provide any records or other information required by this part for inspection
and copying upon request by an employee of EPA or any duly authorized
representative of a Federal, State or Tribal government agency responsible for
pesticide enforcement.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.315 Prohibited actions
No agricultural employer, commercial pesticide handler employer, or other person
involved in the use of a pesticide to which this part applies, shall intimidate,
threaten, coerce, or discriminate against any worker or handler for complying
with or attempting to comply with this part, or because the worker or handler
provided, caused to be provided or is about to provide information to the
employer or the EPA or any duly authorized representative of a Federal, State or
Tribal government regarding conduct that the worker or handler reasonably
believes violates this part, has made a complaint, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing concerning
compliance with this part, or has objected to, or refused to participate in, any
activity, policy, practice, or assigned task that the worker or handler reasonably
believed to be in violation of this part. Any such intimidation, threat, coercion, or
discrimination violates FIFRA section 12(a)(2)(G), 7 U.S.C. 136(a)(2)(G).
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Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
Note: Oregon OSHA did not adopt 170.317 Violations of this part. In Oregon, violations of any
Oregon OSHA standards including the Worker Protection Standard will be subject to Oregon OSHA
penalties as established in OAR Chapter 437, Division 1, General Administrative Rules, under the
provisions of the Oregon Safe Employment Act.
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Subpart E--Requirements for Protection of Agricultural Workers
170.401 Training requirements for workers
(a) General requirement. Before any worker performs any task in a treated area
on an agricultural establishment where within the last 30 days a pesticide
product has been used or a restricted-entry interval for such pesticide has
been in effect, the agricultural employer must ensure that each worker has
been trained in accordance with this section within the last 12 months, except
as provided in paragraph (b) of this section.
(b) Exceptions. The following workers need not be trained under this section:
(1) A worker who is currently certified as an applicator of restricted use
pesticides under part 171 of this chapter.
Note: Part 171 of Chapter 40 CFR is about the certification of pesticide applicators; in Oregon, it
is administered by the Oregon Department of Agriculture.
(2) A worker who has satisfied the handler training requirements in Sec.
170.501.
(3) A worker who is certified or licensed as a crop advisor by a program
acknowledged as appropriate in writing by EPA or the State or Tribal
agency responsible for pesticide enforcement, provided that such
certification or licensing requires pesticide safety training that includes all
the topics in Sec. 170.501(c)(2) or Sec. 170.501(c)(3) as applicable
depending on the date of training.
(c) Training programs.
(1) Pesticide safety training must be presented to workers either orally from
written materials or audio-visually, at a location that is reasonably free
from distraction and conducive to training. All training materials must be
EPA-approved. The training must be presented in a manner that the
workers can understand, such as through a translator. The training must
be conducted by a person who meets the worker trainer requirements of
paragraph (c)(4) of this section, and who must be present during the
entire training program and must respond to workers' questions.
Note: Oregon OSHA did not adopt Sec. 170.401(c)(2) or (3). OAR 437-004-6401 applies instead.
Workers using an exception to the training requirements for crop advisors as described in
170.401(b)(3) of the Worker Protection Standard must demonstrate that the program included
all the topics listed in OAR 437-004-6501.
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437-004-6401 Effective dates for worker training programs in Oregon
Beginning on January 1, 2018, training programs for workers must include, at a
minimum, all of the following topics:
(1) The responsibility of agricultural employers to provide workers and handlers
with information and protections designed to reduce work-related pesticide
exposures and illnesses. This includes ensuring workers and handlers have
been trained on pesticide safety, providing pesticide safety and application
and hazard information, decontamination supplies and emergency medical
assistance, and notifying workers of restrictions during applications and on
entering pesticide treated areas. A worker or handler may designate in writing
a representative to request access to pesticide application and hazard
information.
(2) How to recognize and understand the meaning of the posted warning signs
used for notifying workers of restrictions on entering pesticide treated areas
on the establishment.
(3) How to follow directions and/or signs about keeping out of pesticide treated
areas subject to a restricted-entry interval and application exclusion zones.
(4) Where and in what forms pesticides may be encountered during work
activities, and potential sources of pesticide exposure on the agricultural
establishment. This includes exposure to pesticide residues that may be on or
in plants, soil, tractors, application and chemigation equipment, or used
personal protective equipment, and that pesticides may drift through the air
from nearby applications or be in irrigation water.
(5) Potential hazards from toxicity and exposure that pesticides present to
workers and their families, including acute and chronic effects, delayed
effects, and sensitization.
(6) Routes through which pesticides can enter the body.
(7) Signs and symptoms of common types of pesticide poisoning.
(8) Emergency first aid for pesticide injuries or poisonings.
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(9) Routine and emergency decontamination procedures, including emergency
eye flushing techniques, and if pesticides are spilled or sprayed on the body to
use decontamination supplies to wash immediately or rinse off in the nearest
clean water, including springs, streams, lakes or other sources if more readily
available than decontamination supplies, and as soon as possible, to wash or
shower with soap and water, shampoo hair, and change into clean clothes.
(10) How and when to obtain emergency medical care.
(11) Instructions to wear work clothing that protects the body from pesticide
residues and wash hands before eating, drinking, using chewing gum or
tobacco, or using the toilet, when working in pesticide treated areas.
(12) Instructions to wash or shower with soap and water, shampoo hair, and
change into clean clothes as soon as possible after working in pesticide
treated areas.
(13) Information about the potential hazards from pesticide residues on clothing.
(14) Wash work clothes before wearing them again and wash them separately
from other clothes.
(15) Do not take pesticides or pesticide containers used at work to your home.
(16) Safety data sheets provide hazard, emergency medical treatment and other
information about the pesticides used on the establishment they may come in
contact with. The responsibility of agricultural employers to do all of the
following:
(a) Display safety data sheets for all pesticides used on the establishment.
(b) Provide workers and handlers information about the location of the safety
data sheets on the establishment.
(c) Provide workers and handlers unimpeded access to safety data sheets
during normal work hours.
(17) The rule prohibits agricultural employers from allowing or directing any
worker to mix, load or apply pesticides or assist in the application of
pesticides unless the worker has been trained as a handler.
(18) The responsibility of agricultural employers to provide specific information to
workers before directing them to perform early-entry activities. Workers must
be 18 years old to perform early-entry activities.
(19) Potential hazards to children and pregnant women from pesticide exposure.
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(20) Instructions to keep children and nonworking family members away from
pesticide treated areas.
(21) Instructions to remove work boots or shoes before entering your home, and
remove work clothes and wash or shower before physical contact with
children or family members, after working in pesticide treated areas.
(22) How to report suspected pesticide use violations to the State or Tribal
agency responsible for pesticide enforcement.
(23) The rule prohibits agricultural employers from intimidating, threatening,
coercing, or discriminating against any worker or handler for complying with
or attempting to comply with the requirements of this rule, or because the
worker or handler provided, caused to be provided or is about to provide
information to the employer, or the EPA or its agents, or to Oregon OSHA
regarding conduct that the employee reasonably believes violates these rules,
and/or made a complaint, testified, assisted, or participated in any manner in
an investigation, proceeding, or hearing concerning compliance with these
rules.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.401 (c) Training Programs
(4) The person who conducts the training must meet one of the following
criteria:
(i) Be designated as a trainer of certified applicators, handlers or workers
by EPA or the State or Tribal agency responsible for pesticide
enforcement.
(ii) Have completed an EPA-approved pesticide safety train-the-trainer
program for trainers of workers.
(iii) Be currently certified as an applicator of restricted use pesticides
under part 171 of this chapter.
Note: Part 171 of Chapter 40 CFR is about the certification of pesticide applicators; in Oregon, it
is administered by the Oregon Department of Agriculture.
(d) Recordkeeping
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(1) For each worker required to be trained under paragraph (a), the
agricultural employer must maintain on the agricultural establishment, for
two years from the date of the training, a record documenting each
worker's training including all of the following:
(i) The trained worker's printed name and signature.
(ii) The date of the training.
(iii) Information identifying which EPA-approved training materials were
used.
(iv) The trainer's name and documentation showing that the trainer met
the requirements of Sec. 170.401(c)(4) at the time of training.
(v) The agricultural employer's name.
(2) An agricultural employer who provides, directly or indirectly, training
required under paragraph (a) must provide to the worker upon request a
copy of the record of the training that contains the information required
under Sec. 170.401(d)(1).
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.403 Establishment-specific information for workers
Before any worker performs any activity in a treated area on an agricultural
establishment where within the last 30 days a pesticide product has been used,
or a restricted-entry interval for such pesticide has been in effect, the agricultural
employer must ensure that the worker has been informed of, in a manner the
worker can understand, all of the following establishment-specific information:
(a) The location of pesticide safety information required by Sec. 170.311(a).
(b) The location of pesticide application and hazard information required by Sec.
170.311(b).
(c) The location of decontamination supplies required by Sec. 170.411.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
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170.405 W - 30 437-004-6405 (3)(a)(B)
170.405 Entry restrictions associated with pesticide applications
Note: Oregon OSHA has declined to adopt 40 CFR 170.405(a). In Oregon OAR 437-004-6405
applies.
437-004-6405 Restrictions associated with outdoor production pesticide
applications
This rule applies in Oregon where workers or other people are adjacent to
pesticides being applied in outdoor production areas that are within the
boundaries of the establishment. This rule becomes effective January 1, 2019.
Note: Nothing in these rules affects separate statutory or regulatory requirements such as the
buffer zone requirement related to aerial herbicide applications in forestry operations (ORS
527.672).
(1) Treated area: The area to which a pesticide is being directed and/or
deposited during an application. After the application is complete, the treated
area is subject to the labeling-specified restricted-entry interval (REI) and the
post-application entry restrictions specified in Sec. 170.407 of the Worker
Protection Standard (WPS).
(2) Enclosed agricultural structure: a fully-enclosed space (has walls, ceilings,
and floors that minimize the entry of outside air when doors, windows, and
mechanical air intakes are closed) with an interior area that shelters
occupants from dermal exposure to pesticide spray drift.
(3) Application Exclusion Zone (AEZ): The AEZ is an area that moves with and
exists in relationship to the application equipment. The number of feet shown
is the horizontal radius of the area surrounding the application equipment
during the application process and may extend beyond the treated area. It
extends downward from that horizontal plane to the ground. Pesticide labels
that have more stringent restrictions regarding distances must be followed.
The agricultural employer must implement the AEZ as follows:
(a) Workers and labor housing occupants must evacuate the AEZ, which shall
extend 150 feet from the application equipment and last until 15 minutes
after the application equipment passes, when the label requires the
handler to use respiratory protection during application and one of the
following applies:
(A) The application is by air blast sprayer;
(B) The pesticide is applied aerially;
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(C) The spray quality is smaller than medium;
(b) Workers and labor housing occupants must either remain in an enclosed
agricultural structure or evacuate the AEZ, which shall extend 100 feet
from the application equipment and last until 15 minutes after the
application equipment passes, when the label does not require the handler
to use respiratory protection during application and one of the following
applies:
(A) The application is by air blast sprayer;
(B) The pesticide is applied aerially;
(C) The spray quality is smaller than medium.
Note: Workers not on paid status or labor housing occupants must be permitted to
evacuate even if the employer otherwise chooses to allow them to remain in an enclosed
agricultural structure.
(c) Workers and labor housing occupants must either remain in an enclosed
agricultural structure or evacuate the AEZ, which shall extend 25 feet from
the application equipment when all of the following apply:
(A) The application is not by air blast sprayer;
(B) The pesticide is not applied aerially;
(C) The pesticide is sprayed from a height greater than 12 inches from the
planting medium;
(D) The spray quality is medium or larger;
(d) No AEZ applies for appropriately trained and equipped handlers involved
in the application.
Note: No AEZ is required for applications not covered by the above. Examples include
applications of granular, soil incorporated (other than fumigants) pre-plant, dipping
cuttings, and at-plant pesticide applications as long as they are applied from a distance of
less than 12 inches from the planting medium and use a spray quality of medium or
larger.
See Figure 1 - Worker Protection Standard, Application Exclusion Zone Decision Matrix.
(4) The agricultural employer must ensure that prior to pesticide applications,
any enclosed agricultural structures (labor housing or work-related structures)
that are located within the AEZ and that are used at any time by employees
and other occupants must have all of the following:
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(a) All doors and windows closed;
(b) Any air in-take devices or mechanisms turned off;
(c) Provisions to protect or store personal or household items that are not
located in an enclosed agricultural structure from potential contamination;
(d) A closeable storage area for shoes/boots to prevent tracking of pesticide
into the structures where people live or reside.
(5) Employers must provide the following information in a manner that is easy to
understand and effectively conveys the information needed prior to the
pesticide application, to occupants of an enclosed agricultural structure in the
AEZ:
(a) Instructions on closing windows and doors to minimize exposure to
outside air regardless of whether they are staying inside the enclosed
agricultural structure or evacuating during nearby pesticide applications.
(b) Instructions on how to close potential air-intakes and any other measures
to minimize exposure to outside air during nearby pesticide applications.
(c) The start and stop times for remaining inside the enclosed agricultural
structures and how to determine when the application equipment is in
range.
(d) Instructions as to whether people can, as appropriate, evacuate or stay in
an enclosed agricultural structure, how to maintain protective measures,
and how long they must remain outside the AEZ.
e) Instructions on how to protect personal or household items in the AEZ from
potential contamination.
(f) Instructions on how to report pesticide residue or deposit on enclosed
agricultural structures, personal, or household items in AEZ.
(6) Employers must provide information and ensure that all adult occupants of
agriculture labor housing within the AEZ have access to:
(a) An information station located in close proximity to agriculture labor
housing that contains information on pending applications, with a means
of alerting occupants to changing information.
(b) Information on how to prevent and reduce pesticide exposure.
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(c) Information about the location of the pesticide safety information required
by Sec. 170.311(a)
(7) If anyone other than a trained and protected handler exits an enclosed
agricultural structure and enters the AEZ the handler must suspend the
pesticide application as per Sec. 170.505(b).
Figure 1 - Worker Protection Standard, Application Exclusion Zone Decision Matrix
*Spray quality: (as defined by the American Society of Agricultural and
Biological Engineers Standard S-572.1) considers several factors including the
nozzle design, system pressure, and speed of the application equipment. The
eight spray quality categories are referenced in nozzle charts:
Smaller than medium (droplet spectrum with volume median
diameter of less than 294 microns+):
Extra fine (XF)
Very fine (VF)
Fine (F)
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Medium or larger (droplet spectrum with volume median diameter of
294 microns+ or more):
Medium (M)
Coarse (C)
Very coarse (VC)
Extra coarse (XC)
Ultra coarse (UC)
+Micron = (um) =micrometer: Standard unit of measure for particulate matter.
1 um is 1/1000th of a millimeter.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 2-2018, f. 06/29/18, ef. 01/01/19.
437-004-6406 Pesticide spray drift and innovative methods
(1) In the event that drift makes contact with labor housing areas or other
structures used by employees, including enclosed agricultural structures
within an AEZ, the employer must ensure that it is properly cleaned up with a
minimum of employee or housing occupant exposure.
Note: Identifying and addressing any issues resulting from the spray application are the
responsibility of the employer; any employees assigned these duties must have training
appropriate to the job expectations.
(2) To encourage innovation, including the use of EPA’s Drift Reduction
Technology and other methods that the employer can demonstrate reduce the
potential for spray drift, Oregon OSHA may grant approval for an AEZ that
differs from the rule requirements yet meets the intent of these rules through
the variance process described in OAR 437-001-0400.
Note: Examples of possible innovations include:
Advanced application practices for handlers in the prevention of spray drift (which may
include using only one side of the application equipment) and the use of the
Environmental Protection Agency’s Drift Reduction Technologies
Two applicators, one monitoring conditions and remaining in contact with applicator of
the treated area
Safer chemicals and chemistries
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 2-2018, f. 06/29/18, ef. 01/01/19.
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170.405 (b) Enclosed space production pesticide applications.
(1) During any enclosed space production pesticide application described in
column A of the Table under paragraph (b)(4) of this section, the
agricultural employer must not allow or direct any worker or other person,
other than an appropriately trained and equipped handler involved in the
application, to enter or to remain in the area specified in column B of the
Table under paragraph (b)(4) of this section during the application and
until the time specified in column C of the Table under paragraph (b)(4) of
this section has expired.
(2) After the time specified in column C of the Table under paragraph (b)(4)
of this section has expired, the area subject to the labeling-specified
restricted-entry interval and the post-application entry restrictions
specified in Sec. 170.407 is the area specified in column D of the Table
under paragraph (b)(4) of this section.
(3) When column C of the Table under paragraph (b)(4) of this section
specifies that ventilation criteria must be met, ventilation must continue
until the air concentration is measured to be equal to or less than the
inhalation exposure level required by the labeling. If no inhalation
exposure level is listed on the labeling, ventilation must continue until
after one of the following conditions is met:
(i) Ten air exchanges are completed.
(ii) Two hours of ventilation using fans or other mechanical ventilating
systems.
(iii) Four hours of ventilation using vents, windows, or other passive
ventilation.
(iv) Eleven hours with no ventilation followed by one hour of mechanical
ventilation.
(v) Eleven hours with no ventilation followed by two hours of passive
ventilation.
(vi) Twenty-four hours with no ventilation.
(4) The following Table applies to 170.405 paragraphs (b)(1), (2), and (3):
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Table 1 – Entry Restrictions During Enclosed Space Production Pesticide Applications
A. When a pesticide is
applied:
B. Workers and other
persons, other than
appropriately trained
and equipped
handlers, are
prohibited in:
C. Until:
D. After the
expiration of time
specified in column C,
the area subject to
the restricted-entry
interval is:
(1) As a fumigant.
Entire enclosed space
plus any adjacent
structure or area that
cannot be sealed off
from the treated
area.
The ventilation
criteria of
170.405 (b)(3)
are met
No post-application
entry restrictions
required by §
170.407 after criteria
in column C are met.
(2) As a
(i) Smoke, or
(ii) Mist, or
(iii) Fog, or
(iv) As a spray using a spray
quality (droplet spectrum) of
smaller than medium
(volume median diameter of
less than 294 microns).
Entire enclosed
space.
The ventilation
criteria of
170.405 (b)(3)
are met.
Entire enclosed
space.
(3) Not as in (1) or (2), and
for which a respiratory
protection device is required
for application by the
pesticide product labeling.
Treated area plus
25 feet in all
directions of the
treated area, but not
outside the enclosed
space.
The ventilation
criteria of
170.405 (b)(3)
are met.
Treated area.
(4) Not as in (1), (2) or (3),
and:
(i) From a height of greater
than 12 inches from the
planting medium, or
(ii) As a spray using a spray
quality (droplet spectrum) of
medium or larger (volume
median diameter of 294
microns or greater).
Treated area plus
25 feet in all
directions of the
treated area,
but not outside the
enclosed space.
Application is
complete.
Treated area.
(5) Otherwise.
Treated area.
Application is
complete.
Treated area.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
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170.407 Worker entry restrictions after pesticide applications
(a) After the application of any pesticide to an area of outdoor production, the
agricultural employer must not allow or direct any worker to enter or to
remain in the treated area before the restricted-entry interval specified on the
pesticide product labeling has expired and all treated area warning signs have
been removed or covered, except for early-entry activities permitted by Sec.
170.603.
(b) After the application of any pesticide to an area of enclosed space production,
the agricultural employer must not allow or direct any worker to enter or to
remain in the areas specified in column D of the Table in Sec. 170.405(b)(4),
before the restricted-entry interval specified on the pesticide product labeling
has expired and all treated area warning signs have been removed or
covered, except for early-entry activities permitted by Sec. 170.603.
(c) When two or more pesticides are applied to a treated area at the same time,
the applicable restricted-entry interval is the longest of all applicable
restricted-entry intervals.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.409 Oral and posted notification of worker entry restrictions
(a) General Requirement. The agricultural employer must notify workers of all
entry restrictions required by Sec. 170.405 and 170.407 in accordance with
this section.
Note: Oregon OSHA did not adopt 170.405(a) Outdoor production pesticide applications. OAR
437-004-6405, when adopted, will apply instead.
(1) Type of notification required.
(i) Double notification. If the pesticide product labeling has a statement
requiring both the posting of treated areas and oral notification to
workers, the agricultural employer must post signs in accordance with
paragraph (b) of this section and must also provide oral notification of
the application to workers in accordance with paragraph (c) of this
section.
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(ii) Outdoor production areas subject to restricted-entry intervals greater
than 48 hours. If a pesticide with product labeling that requires a
restricted-entry interval greater than 48 hours is applied to an outdoor
production area, the agricultural employer must notify workers of the
application by posting warning signs in accordance with paragraph (b)
of this section.
(iii) Outdoor production areas subject to restricted-entry intervals equal to
or less than 48 hours. If a pesticide with product labeling that requires
a restricted-entry interval equal to or less than 48 hours is applied to
an outdoor production area, the agricultural employer must notify
workers of the application either by posting warning signs in
accordance with paragraph (b) of this section or by providing workers
with an oral warning in accordance with paragraph (c) of this section.
(iv) Enclosed space production areas subject to restricted-entry intervals
greater than four hours. If a pesticide with product labeling that
requires a restricted-entry interval greater than four hours is applied to
an enclosed space production area, the agricultural employer must
notify workers of the application by posting warning signs in
accordance with paragraph (b) of this section.
(v) Enclosed space production areas subject to restricted-entry intervals
equal to or less than four hours. If a pesticide with product labeling
that requires a restricted-entry interval equal to or less than four hours
is applied to an enclosed space production area, the agricultural
employer must notify workers of the application either by posting
warning signs in accordance with paragraph (b) of this section or by
providing workers with an oral warning in accordance with paragraph
(c) of this section.
(2) Exceptions. Notification does not need to be given to a worker if the
agricultural employer can ensure that one of the following is met:
(i) From the start of the application in an enclosed space production area
until the end of any restricted-entry interval, the worker will not enter
any part of the entire enclosed structure or space.
(ii) From the start of the application to an outdoor production area until
the end of any restricted-entry interval, the worker will not enter, work
in, remain in, or pass on foot through the treated area or any area
within 1/4-mile of the treated area on the agricultural establishment.
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(iii) The worker was involved in the application of the pesticide as a
handler, and is aware of all information required by paragraph (c)(1) of
this section.
Note: Workers must be notified if they will be working in or passing through unprotected
areas within 1/4-mile (1320 ft.) of the outdoor application site.
(b) Requirements for posted warning signs. If notification by posted warning
signs is required pursuant to paragraph (a) of this section, the agricultural
employer must, unless otherwise prescribed by the label, ensure that all
warning signs meet the requirements of this paragraph. When several
contiguous areas are to be treated with pesticides on a rotating or sequential
basis, the entire area may be posted. Worker entry is prohibited for the entire
area while the signs are posted, except for entry permitted by Sec. 170.603
of this part.
(1) General. The warning signs must meet all of the following requirements:
(i) Be one of the three sizes specified in paragraph (b)(3) of this section
and comply with the posting placement and spacing requirements
applicable to that sign size.
(ii) Be posted prior to but no earlier than 24 hours before the scheduled
application of the pesticide.
(iii) Remain posted throughout the application and any restricted-entry
interval.
(iv) Be removed or covered within three days after the end of the
application or any restricted-entry interval, whichever is later, except
that signs may remain posted after the restricted-entry interval has
expired as long as all of the following conditions are met:
(A) The agricultural employer instructs any workers on the
establishment that may come within 1/4-mile of the treated area
not to enter that treated area while the signs are posted.
(B) The agricultural employer ensures that workers do not enter the
treated area while the signs remain posted, other than entry
permitted by Sec. 170.603 of this part.
(v) Remain visible and legible during the time they are required to be
posted.
(2) Content.
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(i) The warning sign must have a white background. The words “DANGER
and “PELIGRO,” plus “PESTICIDES” and “PESTICIDAS,” must be at the
top of the sign, and the words “KEEP OUT” and “NO ENTRE” must be at
the bottom of the sign. Letters for all words must be clearly legible. A
circle containing an upraised hand on the left and a stern face on the
right must be near the center of the sign. The inside of the circle must
be red, except that the hand and a large portion of the face must be in
white. The length of the hand must be at least twice the height of the
smallest letters. The length of the face must be only slightly smaller
than the hand. Additional information such as the name of the
pesticide and the date of application may appear on the warning sign if
it does not detract from the size and appearance of the sign or change
the meaning of the required information. An example of a warning sign
meeting these requirements, other than the size and color
requirements, follows:
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(ii) The agricultural employer may replace the Spanish language portion of
the warning sign with equivalent terms in an alternative non-English
language if that alternative language is the language read by the
largest group of workers at that agricultural establishment who do not
read English. The alternative language sign must be in the same
format as the original sign and conform to all other requirements of
paragraph (b)(2)(i) of this section.
(3) Size and posting.
(i) The standard sign must be at least 14 inches by 16 inches with letters
at least one inch in height.
(ii) When posting an outdoor production area using the standard sign, the
signs must be visible from all reasonably expected points of worker
entry to the treated area, including at least each access road, each
border with any worker housing area within 100 feet of the treated
area and each footpath and other walking route that enters the treated
area. Where there are no reasonably expected points of worker entry,
signs must be posted in the corners of the treated area or in any other
location affording maximum visibility.
(iii) When posting an enclosed space production area using the standard
sign and the entire structure or space is subject to the labeling-
specified restricted-entry interval and the post-application entry
restrictions specified in Sec. 170.407, the signs must be posted so they
are visible from all reasonably expected points of worker entry to the
structure or space. When posting treated areas in enclosed space
production using the standard sign and the treated area only comprises
a subsection of the structure or space, the signs must be posted so
they are visible from all reasonably expected points of worker entry to
the treated area including each aisle or other walking route that enters
the treated area. Where there are no reasonably expected points of
worker entry to the treated area, signs must be posted in the corners
of the treated area or in any other location affording maximum
visibility.
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(iv) If a smaller warning sign is used with “DANGER” and “PELIGRO” in
letters at least 7/8 inch in height and the remaining letters at least 1/2
inch in height and a red circle at least three inches in diameter
containing an upraised hand and a stern face, the signs must be
posted no farther than 50 feet apart around the perimeter of the
treated area in addition to the locations specified in paragraphs
(b)(3)(ii) or (b)(3)(iii) of this section.
(v) If a smaller sign is used with “DANGER” and “PELIGRO” in letters at
least 7/16 inch in height and the remaining letters at least 1/4 inch in
height and a red circle at least one and a half inches in diameter
containing an upraised hand and a stern face, the signs must be
posted no farther than 25 feet apart around the perimeter of the
treated area in addition to the locations specified in paragraphs
(b)(3)(ii) or (b)(3)(iii) of this section.
(vi) A sign with “DANGER” and “PELIGRO” in letters less than 7/16 inch in
height or with any words in letters less than 1/4 inch in height or a red
circle smaller than one and a half inches in diameter containing an
upraised hand and a stern face will not satisfy the requirements of the
rule.
(c) Oral warnings Requirement. If oral notification is required pursuant to
paragraph (a) of this section, the agricultural employer must provide oral
warnings to workers in a manner that the workers can understand. If a
worker will be on the establishment when an application begins, the warning
must be given before the application begins. If a worker arrives on the
establishment while an application is taking place or a restricted-entry interval
for a pesticide application is in effect, the warning must be given at the
beginning of the worker's work period. The warning must include all of the
following:
(1) The location(s) and description of any treated area(s) subject to the entry
restrictions during and after application specified in Sec. 170.405 and
170.407.
(2) The dates and times during which entry is restricted in any treated area(s)
subject to the entry restrictions during and after application specified in
Sec. 170.405 and 170.407.
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(3) Instructions not to enter the treated area or an application exclusion zone
during application, and that entry to the treated area is not allowed until
the restricted-entry interval has expired and all treated area warning signs
have been removed or covered, except for entry permitted by Sec.
170.603 of this part.
Note: Oregon OSHA did not adopt 170.405(a) Outdoor production pesticide applications. OAR
437-004-6405, when adopted, will apply instead.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.411 Decontamination supplies for workers
(a) Requirement. The agricultural employer must provide decontamination
supplies for routine washing and emergency decontamination in accordance
with this section for any worker on an agricultural establishment who is
performing an activity in an area where a pesticide was applied and who
contacts anything that has been treated with the pesticide, including, but not
limited to, soil, water, and plants.
(b) Materials and quantities. The decontamination supplies required in paragraph
(a) of this section must include at least 1 gallon of water per worker at the
beginning of each worker's work period for routine washing and emergency
decontamination, soap, and single-use towels. The supplies must meet all of
the following requirements:
(1) Water. At all times when this part requires agricultural employers to make
water available to workers, the agricultural employer must ensure that it is
of a quality and temperature that will not cause illness or injury when it
contacts the skin or eyes or if it is swallowed. If a water source is used for
mixing pesticides, it must not be used for decontamination, unless
equipped with properly functioning valves or other mechanisms that
prevent contamination of the water with pesticides, such as anti-backflow
siphons, one-way or check valves, or an air gap sufficient to prevent
contamination.
(2) Soap and single-use towels. The agricultural employer must provide soap
and single-use towels for drying in quantities sufficient to meet the
workers' reasonable needs. Hand sanitizing gels and liquids or wet
towelettes do not meet the requirement for soap. Wet towelettes do not
meet the requirement for single-use towels.
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(c) Timing.
(1) If any pesticide with a restricted-entry interval greater than four hours
was applied, the decontamination supplies must be provided from the time
workers first enter the treated area until at least 30 days after the
restricted-entry interval expires.
(2) If the only pesticides applied in the treated area are products with
restricted-entry intervals of four hours or less, the decontamination
supplies must be provided from the time workers first enter the treated
area until at least seven days after the restricted-entry interval expires.
(d) Location. The decontamination supplies must be located together outside any
treated area or area subject to a restricted-entry interval, and must be
reasonably accessible to the workers. The decontamination supplies must not
be more than 1/4 mile from where workers are working, except that where
workers are working more than 1/4 mile from the nearest place of vehicular
access or more than 1/4 mile from any non-treated area, the decontamination
supplies may be at the nearest place of vehicular access outside any treated
area or area subject to a restricted-entry interval.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
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Subpart F--Requirements for Protection of Agricultural Pesticide
Handlers
170.501 Training requirements for handlers
(a) General requirement. Before any handler performs any handler activity
involving a pesticide product, the handler employer must ensure that the
handler has been trained in accordance with this section within the last 12
months, except as provided in paragraph (b) of this section.
(b) Exceptions. The following handlers need not be trained under this section:
(1) A handler who is currently certified as an applicator of restricted use
pesticides under part 171 of this chapter.
Note: Part 171 of Chapter 40 CFR is about the certification of pesticide applicators; in Oregon, it
is administered by the Oregon Department of Agriculture.
(2) A handler who is certified or licensed as a crop advisor by a program
acknowledged as appropriate in writing by EPA or the State or Tribal
agency responsible for pesticide enforcement, provided that a requirement
for such certification or licensing is pesticide safety training that includes
all the topics set out in Sec. 170.501(c)(2) or Sec. 170.501(c)(3) as
applicable depending on the date of training.
Note: See OAR 437-004-6501(1)
(c) Training programs.
Note: Training deficiencies in the Oregon-specific rule requirements related to the Worker
Protection Standard such as the Hazard Communication Standard, the Respiratory Protection
Standard, and the Personal Protective Equipment rules will be cited from the applicable Oregon
OSHA rule.
(1) Pesticide safety training must be presented to handlers either orally from
written materials or audio-visually, at a location that is reasonably free
from distraction and conducive to training. All training materials must be
EPA-approved. The training must be presented in a manner that the
handlers can understand, such as through a translator. The training must
be conducted by a person who meets the handler trainer requirements of
paragraph (c)(4) of this section, and who must be present during the
entire training program and must respond to handlers' questions.
Note: Oregon OSHA did not adopt 170.501(c)(2) or (3). OAR 437-004-6501 applies instead.
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437-004-6501 Handler training programs in Oregon
(1) Handlers using an exception to the training requirements for crop advisors
as described in 170.501(b)(2) of the Worker Protection Standard must
demonstrate that the program includes all the topics listed in OAR 437-004-
6501(2).
(2) Training programs for handlers must include, at a minimum, all of the
following topics:
(a) All the topics required by OAR 437-004-6401. Training program for
workers.
(b) Information on proper application and use of pesticides.
(c) Handlers must follow the portions of the labeling applicable to the safe use
of the pesticide.
(d) Format and meaning of information contained on pesticide labels and in
labeling applicable to the safe use of the pesticide.
(e) Need for and appropriate use and removal of all personal protective
equipment.
(f) How to recognize, prevent, and provide first aid treatment for heat-related
illness.
(g) Safety requirements for handling, transporting, storing, and disposing of
pesticides, including general procedures for spill cleanup.
(h) Environmental concerns, such as drift, runoff, and wildlife hazards.
(i) Handlers must not apply pesticides in a manner that results in contact with
workers or other persons.
(j) The responsibility of handler employers to provide handlers with
information and protections designed to reduce work-related pesticide
exposures and illnesses. This includes providing, cleaning, maintaining,
storing, and ensuring proper use of all required personal protective
equipment; providing decontamination supplies; and providing specific
information about pesticide use and labeling information.
(k) Handlers must suspend a pesticide application if workers or other persons
are in the application exclusion zone.
(l) Handlers must be at least 18 years old.
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(m) The responsibility of handler employers to ensure handlers have received
respirator fit-testing, training and medical evaluation if they are required
to wear a respirator by the product labeling.
(n) The responsibility of agricultural employers to post treated areas as
required by this rule.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.501 (c)(4) The person who conducts the training must have one of the
following qualifications:
(i) Be designated as a trainer of certified applicators or pesticide handlers
by EPA or the State or Tribal agency responsible for pesticide
enforcement.
(ii) Have completed an EPA-approved pesticide safety train-the-trainer
program for trainers of handlers.
(iii) Be currently certified as an applicator of restricted use pesticides
under part 171 of this chapter.
Note: Part 171 of Chapter 40 CFR concerns the certification of pesticide applicators; in Oregon, it
is administered by the Oregon Department of Agriculture.
437-004-6502 Oregon requirements for Worker Protection Standard
trainers of handlers who qualify using train-the-trainer programs
(1) Beginning on January 1, 2018, trainers of handlers who use the train-the-
trainer (T-t-T) qualification described in 170.501(c)(4)(ii) must complete a T-
t-T program at least once every five years, using training materials approved
by EPA for that purpose.
(2) In order to meet this requirement, persons using this qualification are
responsible for maintaining a record of their training, to include the following
details about their most recent completion of a T-t-T program: the date(s),
location, and the EPA reference number of the training materials that were
used.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
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170.501 (d) Recordkeeping
(1) Handler employers must maintain records of training for handlers
employed by their establishment for two years after the date of the
training. The records must be maintained on the establishment and must
include all of the following information:
(i) The trained handler's printed name and signature.
(ii) The date of the training.
(iii) Information identifying which EPA-approved training materials were
used.
(iv) The trainer's name and documentation showing that the trainer met
the requirements of Sec. 170.501(c)(4) at the time of training.
(v) The handler employer's name.
(2) The handler employer must, upon request by a handler trained on the
establishment, provide to the handler a copy of the record of the training
that contains the information required under Sec. 170.501 (d)(1).
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.503 Knowledge of labeling, application-specific, and establishment-
specific information for handlers
(a) Knowledge of labeling and application-specific information.
(1) The handler employer must ensure that before any handler performs any
handler activity involving a pesticide product, the handler either has read
the portions of the labeling applicable to the safe use of the pesticide or
has been informed in a manner the handler can understand of all labeling
requirements and use directions applicable to the safe use of the pesticide.
(2) The handler employer must ensure that the handler has access to the
applicable product labeling at all times during handler activities.
(3) The handler employer must ensure that the handler is aware of
requirements for any entry restrictions, application exclusion zones and
restricted-entry intervals as described in Sec. 170.405 and 170.407 that
may apply based on the handler's activity.
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Note: Oregon OSHA did not adopt 170.405(a). OAR 437-004-6405, when adopted, will apply
instead.
(b) Knowledge of establishment-specific information. Before any handler
performs any handler activity on an agricultural establishment where within
the last 30 days a pesticide product has been used, or a restricted-entry
interval for such pesticide has been in effect, the handler employer must
ensure that the handler has been informed, in a manner the handler can
understand, all of the following establishment-specific information:
(1) The location of pesticide safety information required by Sec. 170.311(a).
(2) The location of pesticide application and hazard information required by
Sec. 170.311(b).
(3) The location of decontamination supplies required by Sec. 170.509.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.505 Requirements during applications to protect handlers, workers,
and other persons
(a) Prohibition from contacting workers and other persons with pesticides during
application. The handler employer and the handler must ensure that no
pesticide is applied so as to contact, directly or through drift, any worker or
other person, other than an appropriately trained and equipped handler
involved in the application.
(b) Suspending applications. After January 1, 2018, the handler performing the
application must immediately suspend a pesticide application if any worker or
other person, other than an appropriately trained and equipped handler
involved in the application, is in the application exclusion zone described in
Sec. 170.405(a)(1) or the area specified in column B of the Table in Sec.
170.405(b)(4).
Note: Oregon OSHA did not adopt 170.405(a) Outdoor production pesticide applications. OAR
437-004-6405, when adopted, will apply instead.
(c) Handlers using highly toxic pesticides. The handler employer must ensure that
any handler who is performing any handler activity with a pesticide product
that has the skull-and-crossbones symbol on the front panel of the pesticide
product label is monitored visually or by voice communication at least every
two hours.
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(d) Fumigant applications in enclosed space production. The handler employer
must ensure all of the following:
(1) Any handler in an enclosed space production area during a fumigant
application maintains continuous visual or voice contact with another
handler stationed immediately outside of the enclosed space.
(2) The handler stationed outside the enclosed space has immediate access to
and uses the personal protective equipment required by the fumigant
labeling for applicators in the event that entry becomes necessary for
rescue.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.507 Personal protective equipment
Note: In Oregon, to the extent that the applicable Personal Protective Equipment (PPE)
requirements are more protective than the label PPE requirements, they will apply. For employers
subject to the Division 4 rules, Division 4/I, OAR 437 004-1005 through -1035 and -1050 through
-1075 apply. For employers subject to the Division 2 rules, Division 2/I, OAR 437-002-0134
applies. For employers subject to the Division 7 rules, Division 7/D, OAR 437-007-0300 through
0330 apply.
(a) Handler responsibilities. Any person who performs handler activities involving
a pesticide product must use the clothing and personal protective equipment
specified on the pesticide product labeling for use of the product, except as
provided in Sec. 170.607 of this part.
(b) Employer responsibilities for providing personal protective equipment. The
handler employer must provide to the handler the personal protective
equipment required by the pesticide product labeling in accordance with this
section. The handler employer must ensure that the personal protective
equipment is clean and in proper operating condition. For the purposes of this
section, long-sleeved shirts, short-sleeved shirts, long pants, short pants,
shoes, and socks are not considered personal protective equipment, although
such work clothing must be worn if required by the pesticide product labeling.
(1) If the pesticide product labeling requires that “chemical-resistant'”
personal protective equipment be worn, it must be made of material that
allows no measurable movement of the pesticide being used through the
material during use.
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(2) If the pesticide product labeling requires that “waterproof'” personal
protective equipment be worn, it must be made of material that allows no
measurable movement of water or aqueous solutions through the material
during use.
(3) If the pesticide product labeling requires that a “chemical-resistant suit”
be worn, it must be a loose-fitting, one- or two-piece chemical-resistant
garment that covers, at a minimum, the entire body except head, hands,
and feet.
(4) If the pesticide product labeling requires that “coveralls” be worn, they
must be loose-fitting, one- or two-piece garments that cover, at a
minimum, the entire body except head, hands, and feet.
(5) Gloves must be the type specified on the pesticide product labeling.
(i) Gloves made of leather, cotton, or other absorbent materials may not
be worn while performing handler activities unless gloves made of
these materials are listed as acceptable for such use on the pesticide
product labeling.
(ii) Separable glove liners may be worn beneath chemical-resistant gloves,
unless the pesticide product labeling specifically prohibits their use.
Separable glove liners are defined as separate glove-like hand
coverings, made of lightweight material, with or without fingers. Work
gloves made from lightweight cotton or poly-type material are
considered to be glove liners if worn beneath chemical-resistant
gloves. Separable glove liners may not extend outside the chemical-
resistant gloves under which they are worn. Chemical-resistant gloves
with non-separable absorbent lining materials are prohibited.
(iii) If used, separable glove liners must be discarded immediately after a
total of no more than 10 hours of use or within 24 hours of when first
put on, whichever comes first. The liners must be replaced immediately
if directly contacted by pesticide. Used glove liners must not be reused.
Contaminated liners must be disposed of in accordance with any
Federal, State, or local regulations.
(6) If the pesticide product labeling requires that “chemical-resistant
footwear” be worn, one of the following types of footwear must be worn:
(i) Chemical-resistant shoes.
(ii) Chemical-resistant boots.
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(iii) Chemical-resistant shoe coverings worn over shoes or boots.
Note: See exception in 170.607(b).
(7) If the pesticide product labeling requires that “protective eyewear” be
worn, one of the following types of eyewear must be worn:
(i) Goggles.
(ii) Face shield.
(iii) Safety glasses with front, brow, and temple protection.
(iv) Full-face respirator.
Note: Oregon employers must choose the type of protective eyewear that will effectively
protect their employees from the specific type of hazard for that handling activity. Signal
words from the pesticide product label can provide general guidelines to use in that
evaluation.
Table 2 - General guideline for minimum eye protection
Product
Signal Word
General guideline for minimum eye protection
Caution
Safety glasses with front, brow, and temple protection that is specified by
the manufacturer for use against chemical splash.
OR
Full face respirator (if used in combination with required respiratory
protection)
Warning
Safety glasses with front, brow, and temple protection that is specified by
the manufacturer for use against chemical splash PLUS a Face shield;
OR
Chemical splash goggles
OR
Full face respirator (if used in combination with required respiratory
protection)
Danger
Chemical splash goggles
OR
Full face respirator (if used in combination with required respiratory
protection)
(8) If the pesticide product labeling requires that a “chemical-resistant apron”
be worn, a chemical-resistant apron that covers the front of the body from
mid-chest to the knees must be worn.
(9) If the pesticide product labeling requires that “chemical-resistant
headgear” be worn, it must be either a chemical-resistant hood or a
chemical-resistant hat with a wide brim.
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Note: Oregon OSHA did not adopt 170.507(b)(10). OAR 437-004-6508, Respiratory
Protection applies instead. Also see requirements in 170.507(d)(5) and (d)(6) for
replacement and maintenance requirements related to respiratory protection.
437-004-6508 Respiratory Protection
Whenever a respirator is required by the pesticide product labeling, the handler
employer must ensure that the respirator specified on the label is used and that
requirements of the Respiratory Protection Standard that applies to them are met
before allowing the handler to perform any activity where the respirator is
required to be worn. For employers subject to the Division 4 rules, Division 4/I,
OAR 438-004-1041 applies, except for Paragraph (4) Selection of respirators. For
employers subject to the Division 2 and/ or the Division 7 rules, Division 2/I,
1910.134 applies, except for Paragraph (d) Selection of respirators.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.507 (c) Use of personal protective equipment
(1) The handler employer must ensure that personal protective equipment is
used correctly for its intended purpose and is used according to the
manufacturer's instructions.
(2) The handler employer must ensure that, before each day of use, all
personal protective equipment is inspected for leaks, holes, tears, or worn
places, and any damaged equipment is repaired or discarded.
(d) Cleaning and maintenance.
(1) The handler employer must ensure that all personal protective equipment
is cleaned according to the manufacturer's instructions or pesticide
product labeling instructions before each day of reuse. In the absence of
any such instructions, it must be washed thoroughly in detergent and hot
water.
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(2) If any personal protective equipment cannot or will not be cleaned
properly, the handler employer must ensure the contaminated personal
protective equipment is made unusable as apparel or is made unavailable
for further use by employees or third parties. The contaminated personal
protective equipment must be disposed of in accordance with any
applicable laws or regulations. Coveralls or other absorbent materials that
have been drenched or heavily contaminated with a pesticide that has the
signal word “DANGER” or “WARNING” on the label must not be reused and
must be disposed of as specified in this paragraph. Handler employers
must ensure that any person who handles contaminated personal
protective equipment described in this paragraph wears the gloves
specified on the pesticide product labeling for mixing and loading the
product(s) comprising the contaminant(s) on the equipment. If two or
more pesticides are included in the contaminants, the gloves worn must
meet the requirements for mixing and loading all of the pesticide products.
(3) The handler employer must ensure that contaminated personal protective
equipment is kept separate from non-contaminated personal protective
equipment, other clothing or laundry and washed separately from any
other clothing or laundry.
(4) The handler employer must ensure that all washed personal protective
equipment is dried thoroughly before being stored or reused.
(5) The handler employer must ensure that all clean personal protective
equipment is stored separately from personal clothing and apart from
pesticide-contaminated areas.
(6) The handler employer must ensure that when filtering facepiece
respirators are used, they are replaced when one of the following
conditions is met:
(i) When breathing resistance becomes excessive.
(ii) When the filter element has physical damage or tears.
(iii) According to manufacturer's recommendations or pesticide product
labeling, whichever is more frequent.
(iv) In the absence of any other instructions or indications of service life,
at the end of eight hours of cumulative use.
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(7) The handler employer must ensure that when gas- or vapor-removing
respirators are used, the gas- or vapor-removing canisters or cartridges
are replaced before further respirator use when one of the following
conditions is met:
(i) At the first indication of odor, taste, or irritation.
Note: Oregon OSHA did not adopt (d)(7)(ii) as an option. However, the use of an End of Service
Life Indicator, when available for the specific air contaminant, is an acceptable method for
determining the proper cartridge replacement time for a gas or vapor-removing respirator.
(iii) When breathing resistance becomes excessive.
(iv) When required according to manufacturer's recommendations or
pesticide product labeling instructions, whichever is more frequent.
(v) In the absence of any other instructions or indications of service life, at
the end of eight hours of cumulative use.
(8) The handler employer must inform any person who cleans or launders
personal protective equipment of all the following:
(i) That such equipment may be contaminated with pesticides and there
are potentially harmful effects from exposure to pesticides.
(ii) The correct way(s) to clean personal protective equipment and how to
protect themselves when handling such equipment.
(iii) Proper decontamination procedures that should be followed after
handling contaminated personal protective equipment.
(9) The handler employer must ensure that handlers have a place(s) away
from pesticide storage and pesticide use areas where they may do all of
the following:
(i) Store personal clothing not worn during handling activities.
(ii) Put on personal protective equipment at the start of any exposure
period.
(iii) Remove personal protective equipment at the end of any exposure
period.
(10) The handler employer must not allow or direct any handler to wear home
or to take home employer-provided personal protective equipment
contaminated with pesticides.
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(e) Heat-related illness. Where a pesticide's labeling requires the use of personal
protective equipment for a handler activity, the handler employer must take
appropriate measures to prevent heat-related illness.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.509 Decontamination and eye flushing supplies for handlers
(a) Requirement. The handler employer must provide decontamination and eye
flushing supplies in accordance with this section for any handler that is
performing any handler activity or removing personal protective equipment at
the place for changing required by Sec. 170.507(d)(9).
(b) General conditions. The decontamination supplies required in paragraph (a)
of this section must include: at least three gallons of water per handler at the
beginning of each handler's work period for routine washing and potential
emergency decontamination; soap; single-use towels; and clean clothing for
use in an emergency. The decontamination and eye flushing supplies required
in paragraph (a) of this section must meet all of the following requirements:
(1) Water. At all times when this section requires handler employers to make
water available to handlers for routine washing, emergency
decontamination or eye flushing, the handler employer must ensure that it
is of a quality and temperature that will not cause illness or injury when it
contacts the skin or eyes or if it is swallowed. If a water source is used for
mixing pesticides, it must not be used for decontamination or eye flushing
supplies, unless equipped with properly functioning valves or other
mechanisms that prevent contamination of the water with pesticides, such
as anti-backflow siphons, one-way or check valves, or an air gap sufficient
to prevent contamination.
(2) Soap and single-use towels. The handler employer must provide soap and
single-use towels for drying in quantities sufficient to meet the handlers'
needs. Hand sanitizing gels and liquids or wet towelettes do not meet the
requirement for soap. Wet towelettes do not meet the requirement for
single-use towels.
(3) Clean change of clothing. The handler employer must provide one clean
change of clothing, such as coveralls, for use in an emergency.
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(c) Location. The decontamination supplies must be located together outside any
treated area or area subject to a restricted-entry interval, and must be
reasonably accessible to each handler during the handler activity. The
decontamination supplies must not be more than 1/4 mile from the handler,
except that where the handler activity is more than 1/4 mile from the nearest
place of vehicular access or more than 1/4 mile from any non-treated area,
the decontamination supplies may be at the nearest place of vehicular access
outside any treated area or area subject to a restricted-entry interval.
(1) Mixing sites. Decontamination supplies must be provided at any mixing
site.
(2) Exception for pilots. Decontamination supplies for a pilot who is applying
pesticides aerially must be in the aircraft or at the aircraft loading site.
(3) Exception for treated areas. The decontamination supplies must be
outside any treated area or area subject to a restricted-entry interval,
unless the soap, single-use towels, water and clean change of clothing are
protected from pesticide contamination in closed containers.
Note: Oregon did not adopt 170.509(d). OAR 437-004-6509 applies instead.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
437-004-6509 Emergency eye-washes and eye flushing supplies
(1) Whenever a handler is mixing or loading a pesticide product whose labeling
includes the signal word “Danger” or “Danger/Poison,” due to toxicity to the
eye or the possibility of permanent eye damage; or, a handler is mixing or
loading any pesticide using a closed system operating under pressure, the
employer must provide at each mixing/loading site available to the handler at
least one eye-wash system that meets the applicable eyewash requirements.
For employers subject to the Division 4 rules, Division 4/K, OAR 437-004-
1305(5) applies. For employers subject to the Division 2 and/or Division 7
rules, Division 2/K, OAR 437-002-0161 applies.
(2) Whenever a handler is applying a pesticide product whose labeling requires
protective eyewear for handlers, the handler employer must provide at least
one pint of water per handler in portable containers that are immediately
available to each handler.
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Note: The eye-wash rules referenced include the following minimum requirements:
Locate the eye-wash so that exposed employees can reach it and begin treatment in 10
seconds or less. The path must be unobstructed and cannot require the opening of doors
or passage through obstacles unless other employees are always present to help the
exposed employee.
Install the equipment according to the manufacturer’s instructions.
Follow the equipment manufacturer’s criteria for water pressure, flow rate and testing to
ensure proper operation of the system.
Eye-wash water must flow for at least 15 minutes.
The eyewash must have valves that stay open without the use of the hands.
The water to the equipment must not be subject to unauthorized shut-off.
If eyewash facilities can freeze, take protective measures to prevent freezing.
Equipment must be clean, sanitary and operating correctly.
In self-contained systems, do not use solutions or products past their expiration date.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
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Subpart G--Exemptions, Exceptions and Equivalency
170.601 Exemptions
(a) Exemption for owners of agricultural establishments and their immediate
families.
(1) On any agricultural establishment where a majority of the establishment
is owned by one or more members of the same immediate family, the
owner(s) of the establishment are not required to provide the protections
of the following provisions to themselves or members of their immediate
family when they are performing handling activities or tasks related to the
production of agricultural plants that would otherwise be covered by this
part on their own agricultural establishment.
(i) Section 170.309(c).
(ii) Section 170.309(f) through (j).
(iii) Section 170.311.
(iv) Section 170.401.
(v) Section 170.403.
(vi) Section 170.409.
(vii) Sections 170.411 and 170.509.
(viii) Section 170.501.
(ix) Section 170.503.
(x) Section 170.505(c) and (d).
(xi) Section 170.507(c) through (e).
(xii) Section 170.605(a) through (c) and (e) through (j).
(2) The owners of agricultural establishments must provide all of the
applicable protections required by this part for any employees or other
persons on the establishment that are not members of their immediate
family.
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(b) Exemption for certified crop advisors. Certified crop advisors may make their
own determination for the appropriate personal protective equipment for
entry into a treated area during a restricted-entry interval and substitute their
self-determined set of personal protective equipment for the labeling-required
personal protective equipment, and the requirements of Sec. 170.309(e),
170.309(f), 170.313(k), 170.503(a), 170.507 and 170.509 of this part do not
apply to certified crop advisors provided the application is complete and all of
the following conditions are met:
(1) The crop advisor is certified or licensed as a crop advisor by a program
acknowledged as appropriate in writing by EPA or a State or Tribal agency
responsible for pesticide enforcement.
(2) The certification or licensing program requires pesticide safety training
that includes all the information in Sec. 170.501(c)(2) or Sec.
170.501(c)(3) as applicable depending on the date of training.
(3) The crop advisor who enters a treated area during a restricted-entry
interval only performs crop advising tasks while in the treated area.
Note: Oregon OSHA did not adopt 170.501(c)(2) or (3). OAR 437-004-6501 applies instead.
Certified crop advisors using the conditions of exemption described in 170.601(b) of the Worker
Protection Standard must ensure that the pesticide safety training described in (b)(2) includes all
the information listed in OAR 437-004-6501.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.603 Exceptions for entry by workers during restricted-entry
intervals
An agricultural employer may direct workers to enter treated areas where a
restricted-entry interval is in effect to perform certain activities as provided in
this section, provided that the agricultural employer ensures all of the applicable
conditions of this section and Sec. 170.605 of this part are met.
(a) Exception for activities with no contact. A worker may enter a treated area
during a restricted-entry interval if the agricultural employer ensures that all
of the following conditions are met:
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(1) The worker will have no contact with anything that has been treated with
the pesticide to which the restricted-entry interval applies, including, but
not limited to, soil, water, air, or surfaces of plants. This exception does
not allow workers to perform any activities that involve contact with
treated surfaces even if workers are wearing personal protective
equipment.
(2) No such entry is allowed until any inhalation exposure level listed in the
pesticide product labeling has been reached or any ventilation criteria
required by Sec. 170.405(b)(3) or the pesticide product labeling have
been met.
(b) Exception for short-term activities. A worker may enter a treated area during
a restricted-entry interval for short-term activities, if the agricultural
employer ensures that all of the following requirements are met:
(1) No hand labor activity is performed.
(2) The time in treated areas where a restricted-entry interval is in effect
does not exceed one hour in any 24-hour period for any worker.
(3) No such entry is allowed during the first 4 hours after the application
ends.
(4) No such entry is allowed until any inhalation exposure level listed in the
pesticide product labeling has been reached or any ventilation criteria
required by Sec. 170.405(b)(3) or the pesticide product labeling have
been met.
(c) Exception for an agricultural emergency.
(1) An agricultural emergency means a sudden occurrence or set of
circumstances that the agricultural employer could not have anticipated
and over which the agricultural employer has no control, that requires
entry into a treated area during a restricted-entry interval, and when no
alternative practices would prevent or mitigate a substantial economic
loss. A substantial economic loss means a loss in profitability greater than
that which would be expected based on the experience and fluctuations of
crop yields in previous years. Only losses caused by the agricultural
emergency specific to the affected site and geographic area are
considered. Losses resulting from mismanagement cannot be included
when determining whether a loss is substantial.
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(2) A worker may enter a treated area where a restricted-entry interval is in
effect in an agricultural emergency to perform tasks necessary to mitigate
the effects of the agricultural emergency, including hand labor tasks, if the
agricultural employer ensures that all the following criteria are met:
(i) The State department of agriculture, or the State or Tribal agency
responsible for pesticide enforcement declares an agricultural
emergency that applies to the treated area, or agricultural employer
has determined that the circumstances within the treated area are the
same as circumstances the State department of agriculture, or the
State or Tribal agency responsible for pesticide enforcement has
previously determined would constitute an agricultural emergency.
(ii) The agricultural employer determines that the agricultural
establishment is subject to the circumstances that result in an
agricultural emergency meeting the criteria of paragraph (c)(1) of this
section.
(iii) If the labeling of any pesticide product applied to the treated area
requires workers to be notified of the location of treated areas by both
posting and oral notification, then the agricultural employer must
ensure that no individual worker spends more than four hours out of
any 24-hour period in treated areas where such a restricted-entry
interval is in effect.
(iv) No such entry is allowed during the first 4 hours after the application
ends.
(v) No such entry is allowed until any inhalation exposure level listed in
the pesticide product labeling has been reached or any ventilation
criteria required by Sec. 170.405(b)(3) or the pesticide product
labeling have been met.
(d) Exceptions for limited contact and irrigation activities. A worker may enter a
treated area during a restricted-entry interval for limited contact or irrigation
activities, if the agricultural employer ensures that all of the following
requirements are met:
(1) No hand labor activity is performed.
(2) No worker is allowed in the treated area for more than eight hours in a
24-hour period.
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(3) No such entry is allowed during the first 4 hours after the application
ends.
(4) No such entry is allowed until any inhalation exposure level listed in the
pesticide product labeling has been reached or any ventilation criteria
required by Sec. 170.405(b)(3) or the pesticide product labeling have
been met.
(5) The task is one that, if not performed before the restricted-entry interval
expires, would cause substantial economic loss, and there are no
alternative tasks that would prevent substantial loss.
(6) With the exception of irrigation tasks, the need for the task could not have
been foreseen.
(7) The worker has no contact with pesticide-treated surfaces other than
minimal contact with feet, lower legs, hands, and forearms.
(8) The labeling of the pesticide product that was applied does not require
that workers be notified of the location of treated areas by both posting
and oral notification.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.605 Agricultural employer responsibilities to protect workers
entering treated areas during a restricted-entry interval
Note: In Oregon, to the extent that the applicable Personal Protective Equipment (PPE)
requirements are more protective than the label PPE requirements, they will apply. For employers
subject to the Division 4 rules, Division 4/I, OAR 437 004-1005 through -1035 and -1050 through
-1075 apply. For employers subject to the Division 2 rules, Division 2/I, OAR 437-002-0134
applies. For employers subject to the Division 7 rules, Division 7/D, OAR 437-007-0300 through
0330 apply.
If an agricultural employer directs a worker to perform activities in a treated area
where a restricted-entry interval is in effect, all of the following requirements
must be met:
(a) The agricultural employer must ensure that the worker is at least 18 years
old.
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(b) Prior to early entry, the agricultural employer must provide to each early-
entry worker the information described in paragraphs (b)(1) through (8) of
this section. The information must be provided orally in a manner that the
worker can understand.
(1) Location of early-entry area where work activities are to be performed.
(2) Pesticide(s) applied.
(3) Dates and times that the restricted-entry interval begins and ends.
(4) Which exception in Sec. 170.603 is the basis for the early entry, and a
description of tasks that may be performed under the exception.
(5) Whether contact with treated surfaces is permitted under the exception.
(6) Amount of time the worker is allowed to remain in the treated area.
(7) Personal protective equipment required by the pesticide product labeling
for early entry.
(8) Location of the pesticide safety information required by Sec. 170.311(a)
and the location of the decontamination supplies required by Sec.
170.605(h).
(c) Prior to early entry, the agricultural employer must ensure that each worker
either has read the applicable pesticide product labeling or has been
informed, in a manner that the worker can understand, of all labeling
requirements and statements related to human hazards or precautions, first
aid, and user safety.
(d) The agricultural employer must ensure that each worker who enters a treated
area during a restricted-entry interval is provided the personal protective
equipment specified in the pesticide product labeling for early entry. The
agricultural employer must ensure that the worker uses the personal
protective equipment as intended according to manufacturer's instructions
and follows any other applicable requirements on the pesticide product
labeling. Personal protective equipment must conform to the standards in
Sec. 170.507(b)(1) through (9).
(e) The agricultural employer must maintain the personal protective equipment in
accordance with Sec. 170.507(c) and (d).
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(f) The agricultural employer must ensure that no worker is allowed or directed to
wear personal protective equipment without implementing measures sufficient
to prevent heat-related illness and that each worker is instructed in the
prevention, recognition, and first aid treatment of heat-related illness.
(g) The agricultural employer must instruct each worker on the proper use and
removal of the personal protective equipment, and as appropriate, on its
cleaning, maintenance and disposal. The agricultural employer must not allow
or direct any worker to wear home or to take home employer-provided
personal protective equipment contaminated with pesticides.
(h) During any early-entry activity, the agricultural employer must provide
decontamination supplies in accordance with Sec. 170.509, except the
decontamination supplies must be outside any area being treated with
pesticides or subject to a restricted-entry interval, unless the decontamination
supplies would otherwise not be reasonably accessible to workers performing
early-entry tasks.
(i) If the pesticide product labeling of the product applied requires protective
eyewear, the agricultural employer must provide at least one pint of water per
worker in portable containers for eyeflushing that is immediately available to
each worker who is performing early-entry activities.
(j) At the end of any early-entry activities the agricultural employer must
provide, at the site where the workers remove personal protective equipment,
soap, single-use towels and at least three gallons of water per worker so that
the workers may wash thoroughly.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
170.607 Exceptions to personal protective equipment requirements
specified on pesticide product labeling
(a) Body protection.
(1) A chemical-resistant suit may be substituted for coveralls. If a chemical-
resistant suit is substituted for coveralls, any labeling requirement for an
additional layer of clothing beneath the coveralls is waived.
(2) A chemical-resistant suit may be substituted for coveralls and a chemical-
resistant apron.
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(b) Boots. If chemical-resistant footwear with sufficient durability and a tread
appropriate for wear in rough terrain is not obtainable, then leather boots
may be worn in such terrain.
Note: Leather boots allowed to be worn for this exception are considered to be contaminated
personal protective equipment. Thereafter, they must be stored separately from clean PPE,
regular work clothing, and regular footwear and should not be worn for any other purpose.
(c) Gloves. If chemical-resistant gloves with sufficient durability and suppleness
are not obtainable, then during activities with plants with sharp thorns,
leather gloves may be worn over chemical-resistant glove liners. However,
once leather gloves are worn for this use, thereafter they must be worn only
with chemical-resistant liners and they must not be worn for any other use.
(d) Closed systems.
(1) When pesticides are being mixed or loaded using a closed system that
meets all of the requirements in paragraph (d)(2) of this section, and the
handler employer meets the requirements of paragraph (d)(3) of this
section, the following exceptions to labeling-specified personal protective
equipment are permitted:
(i) Handlers using a closed system to mix or load pesticides with a signal
word of “DANGER” or “WARNING” may substitute a long-sleeved shirt,
long pants, shoes and socks, chemical-resistant apron, protective
eyewear, and any protective gloves specified on the labeling for
handlers for the labeling-specified personal protective equipment.
(ii) Handlers using a closed system to mix or load pesticides other than
those specified in paragraph (d)(1)(i) of this section may substitute
protective eyewear, long-sleeved shirt, long pants, and shoes and
socks for the labeling-specified personal protective equipment.
(2) The exceptions of paragraph (d)(1) of this section apply only in the
following situations:
(i) Where the closed system removes the pesticide from its original
container and transfers the pesticide product through connecting
hoses, pipes and couplings that are sufficiently tight to prevent
exposure of handlers to the pesticide product, except for the negligible
escape associated with normal operation of the system.
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(ii) When loading intact, sealed, water soluble packaging into a mixing
tank or system. If the integrity of a water soluble packaging is
compromised (for example, if the packaging is dissolved, broken,
punctured, torn, or in any way allows its contents to escape), it is no
longer a closed system and the labeling-specified personal protective
equipment must be worn.
(3) The exceptions of paragraph (d)(1) of this section apply only where the
handler employer has satisfied the requirements of Sec. 170.313 and all of
the following conditions:
(i) Each closed system must have written operating instructions that are
clearly legible and include: Operating procedures for use, including the
safe removal of a probe; maintenance, cleaning and repair; known
restrictions or limitations relating to the system, such as incompatible
pesticides, sizes (or types) of containers or closures that cannot be
handled by the system; any limits on the ability to measure a
pesticide; and special procedures or limitations regarding partially-
filled containers.
(ii) The written operating instructions for the closed system must be
available at the mixing or loading site and must be made available to
any handlers who use the system.
(iii) Any handler operating the closed system must be trained in its use
and operate the closed system in accordance with its written operating
instructions.
(iv) The closed system must be cleaned and maintained as specified in the
written operating instructions and as needed to make sure the system
functions properly.
(v) All personal protective equipment specified in the pesticide product
labeling is immediately available to the handler for use in an
emergency.
(vi) Protective eyewear must be worn when using closed systems
operating under pressure.
(e) Enclosed cabs.
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(1) If a handler applies a pesticide from inside a vehicle's enclosed cab, and if
the conditions listed in paragraph (e)(2) of this section are met,
exceptions to the personal protective equipment requirements specified on
the product labeling for applicators are permitted as provided in paragraph
(e)(3) of this section.
(2) All of the personal protective equipment required by the pesticide product
labeling for applicators must be immediately available and stored in a
sealed container to prevent contamination. Handlers must wear the
applicator personal protective equipment required by the pesticide product
labeling if they exit the cab within a treated area during application or
when a restricted-entry interval is in effect. Once personal protective
equipment is worn in a treated area, it must be removed before reentering
the cab to prevent contamination of the cab.
(3) Handlers may substitute a long-sleeved shirt, long pants, shoes and socks
for the labeling-specified personal protective equipment for skin and eye
protection. If a filtering facepiece respirator (NIOSH approval number
prefix TC-84A) or dust/mist filtering respirator is required by the pesticide
product labeling for applicators, then that respirator need not be worn
inside the enclosed cab if the enclosed cab has a properly functioning air
ventilation system which is used and maintained in accordance with the
manufacture's written operating instructions. If any other type of
respirator is required by the pesticide labeling for applicators, then that
respirator must be worn.
(f) Aerial applications.
(1) Use of gloves. The wearing of chemical-resistant gloves when entering or
leaving an aircraft used to apply pesticides is optional, unless such gloves
are required on the pesticide product labeling. If gloves are brought into
the cockpit of an aircraft that has been used to apply pesticides, the
gloves shall be kept in an enclosed container to prevent contamination of
the inside of the cockpit.
(2) Open cockpit. Handlers applying pesticides from an open cockpit aircraft
must use the personal protective equipment specified in the pesticide
product labeling for use during application, except that chemical-resistant
footwear need not be worn. A helmet may be substituted for chemical-
resistant headgear. A helmet with a face shield lowered to cover the face
may be substituted for protective eyewear.
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(3) Enclosed cockpit. Persons occupying an enclosed cockpit may substitute a
long-sleeved shirt, long pants, shoes, and socks for labeling-specified
personal protective equipment.
(g) Crop advisors.
(1) Provided the conditions of paragraphs (g)(2) through (g)(4) of this section
are met, crop advisors and their employees entering treated areas to
perform crop advising tasks while a restricted-entry interval is in effect
may substitute either of the following sets of personal protective
equipment for the personal protective equipment specified on the pesticide
labeling for handler activities:
(i) The personal protective equipment specified on the pesticide product
labeling for early entry.
(ii) Coveralls, shoes plus socks and chemical-resistant gloves made of any
waterproof material, and eye protection if the pesticide product
labeling applied requires protective eyewear for handlers.
(2) The application has been complete for at least four hours.
(3) No such entry is allowed until any inhalation exposure level listed in the
pesticide product labeling has been reached or any ventilation criteria
required by Sec. 170.405(b)(3) or the pesticide product labeling have
been met.
(4) The crop advisor or crop advisor employee who enters a treated area
during a restricted-entry interval only performs crop advising tasks while
in the treated area.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 654.295, 654.750 654.780.
Hist.: OR-OSHA Admin. Order 1-2017, f. 2/14/17, ef. 1/1/18.
Note: Oregon OSHA did not adopt Sec. 170.609 Equivalency requests.
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Notes
Historical Notes for Subdivision W
Note: The Environmental Protection Agency (EPA), published in the September 1, 2004 Federal
Register, amendments to 40 CFR 170, Worker Protection Standard. EPA amended the 1992
Pesticide Worker Protection Standard to permit optional use of separable glove liners beneath
chemical-resistant gloves. This amendment also makes optional the provision that agricultural
pilots wear gloves when entering or leaving aircraft. All other provisions of the Worker Protection
Standard are unaffected by this rule. EPA believes that these changes will reduce the cost of
compliance and will increase regulatory flexibility without increasing potential risks.
Oregon OSHA adopted these changes as published. These changes are in OR-OSHA’s Division
4/W, Agriculture/Worker Protection Standard.
This is OR-OSHA Admin. Order 7-2004, filed 12/30/04, effective 12/30/04.
Note: In Oregon, Oregon OSHA administers and enforces the pesticide Worker Protection
Standard (WPS: 40 CFR 170) as adopted in Division 4, Agriculture, Subdivision W, OAR 437-004-
6000.
This rulemaking amends OAR 437-004-6000 to reflect non-substantive corrections and technical
amendments that were published in the Federal Register from 2006 through 2009.
Oregon OSHA is also amending the pesticide Worker Protection Standard (WPS) in Division 7,
Forest Activities, Subdivision A, General Requirements, OAR 437-007-0010, to clarify the
references in Division 7 to the WPS in Division 4.
In addition, Oregon OSHA is amending Division 2, General Industry, Subdivision Z, Toxic and
Hazardous Substances, by adopting a new rule (OAR 437-002-0170) to clarify that under certain
circumstances all parts of the Worker Protection Standard (WPS) apply to general industry
workplaces, and are a part of Division 2 in addition to, and not instead of, any other part of
Division 2.
Members of the public submitting written comments expressed support for the changes but noted
that the proposed amendments (being non-substantive) do not go far enough to improve the
protection of Oregon’s affected workers from exposure to pesticides. The changes suggested by
these commenters were outside the parameters of this rulemaking.
This is Oregon OSHA Administrative Order 9-2009, adopted and effective September 21, 2009.
W
Worker Protection Standard
2BDivision 4 AO 2-2018 Oregon Administrative Rules Oregon Occupational Safety and Health Division
Historical Notes W - 74 Historical Notes
Note: Oregon Occupational Safety and Health Division (Oregon OSHA) administers and enforces
the employee safety and health part of the U.S. Environmental Protection Agency (EPA)’s
pesticide Worker Protection Standard (WPS) as adopted in Division 4/ Agriculture as adopted at
OAR 437-004-6000. The standard aims to protect workers those who work in pesticide-treated
crop areas and handlers those who mix, load, and apply pesticides. EPA modified the WPS at
the federal level (40 CFR 170) in the November 2, 2015 Federal Register. In response, Oregon
OSHA initiated the rule-making process working with an advisory committee including
representatives of labor, employers, grower organizations, and government and nonprofit
agencies, and other stakeholders and reviewed extensive public comments received both orally
at three public hearings held around the state, and in written format following formal proposal in
late 2016.
Oregon OSHA is adopting most of the modified rules initiated by the EPA as well as several
Oregon-initiated rules introduced to reflect the unique circumstances for employers in Oregon.
The agency will continue to enforce the existing WPS through the end of 2017.
The rule changes are expected to lead to an overall reduction in incidents of unsafe pesticide
exposure and to improve the occupational health of agricultural workers and pesticide handlers.
The adopted OARs:
437-004-6001 gives expiration and implementation dates for the existing and revised
rules. The rules codified in Division 4/W as 170.1 through 170.260 will remain in effect
through 2017, and expire on 12/31/2017. The new rules, codified as 170.301 through
170.607, and the other five new OARs will be implemented beginning on January 1, 2018.
437-004-6401 and 437-004-6501 provide specific effective dates for the revised subject
matter to be included in training programs for both workers and handlers. In addition, the
requirements for crop advisor training programs necessary to exempt workers and
handlers from WPS training is cross-referenced to the minimum subject matter in these
OARs.
437-004-6508 Respiratory Protection and 437-004-6509 Emergency eye-washes and eye
flushing supplies maintain Oregon OSHA’s more protective requirements related to
respiratory protection and emergency eye-washes while fulfilling the EPA’s pesticide label
requirements.
437-004-6502 augments training requirements in Oregon for trainers of WPS handlers
who use the Train-the-Trainer qualification described in 170.501(c)(4)(ii) of the WPS. The
adopted rule does not apply to trainers of WPS handlers who meet the qualification as
certified applicators described in 170.501(c)(4)(iii).
The agency will reconsider some details of the 2016 WPS proposal through a separate public
rulemaking process centered on the Application Exclusion Zone (AEZ.) To give more time to fine-
tune those provisions and to ease the transition to the modified rule requirements, Oregon OSHA
is delaying implementation of the modified standard until Jan. 1, 2018. The expected result will
be a revised proposal initiated in 2017, in time for it to take effect with the other modified
sections of the WPS on Jan. 1, 2018.
This is Oregon OSHA Administrative Order 1-2017, adopted February 14, 2017 and effective
January 1, 2018.
Worker Protection Standard
W
Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2018 2BDivision 4
Historical Notes W - 75 Historical Notes
Note: Oregon OSHA administers and enforces the Environmental Protection Agency’s (EPA)
pesticide Worker Protection Standard (WPS) as adopted in Division 4/W (Agriculture/Worker
Protection Standard), OAR 437-004-6000. Oregon OSHA has adopted two new Oregon
Administrative Rules (OARs) that reflect specific requirements for employers in Oregon.
These rules complement and complete the changes adopted by Oregon OSHA on February 14th,
2017 on the amended Worker Protection Standard adopted by the EPA in the November 2, 2015
Federal Register. The rules, which exceed federal requirements, take effect January 1 ,2019.
The new OARs:
OAR 437-004-6405:
Restrictions associated with outdoor production pesticide applications(which replaces 170.405(a),
is a new rule that describes the Application Exclusion Zone requirements (AEZ) including how
employers ensure enclosed agricultural structures are closed properly, must provide instruction
and information, and a decision matrix that navigates the rule requirements.
OAR 437-004-6406:
Pesticide spray drift and innovative methods is a new rule that describes that if issues relating to
spray drift occur, then the employer is responsible for addressing those issues, and how drift
reduction technologies can be used to gain approval for innovative methods through the variance
process.
The WPS rules are also referenced, in Division 2, General Industry, at OAR 437-002-0170; and in
Division 7, Forest Activities, at OAR 437-007-0010.
Pesticides, although a clear necessity in many workplaces, also represent varying levels of risks to
workers and others (depending on both the particular pesticide used and the circumstances of the
application). The Worker Protection Standard, taken as a whole, provides a number of important
protective measures to reduce those risks. However, the risk of unintended exposures due to
what is typically referred to as unintended “drift” can create exposure to workers outside the
intended application area. In the case of worker housing, that exposure can also involve the
workers’ family members. The provisions of this proposed rule as was true of the original EPA
rule addressing AEZs are intended to address that potential by providing an added measure of
protection against unintended and unanticipated exposures outside of the locations where
pesticides are intended to be applied. The AEZ surrounds and moves with spray equipment,
beyond the safeguards enforced with respect to the treated area, must be free of all people other
than appropriately trained and equipped pesticide handlers. The rule changes are expected to
lead to an overall reduction in incidents of unsafe pesticide exposure and to improve the
occupational health of agricultural workers and pesticide handlers.
Oregon OSHA held five hearings in multiple locations on these proposed rules. The division
received 938 written comments during the extended comment period and over 100 oral
comments at these hearings. These comments were vast and diverse, and all were considered by
Oregon OSHA before the division adopted the rules as filed. Oregon OSHA published a summary
of comments and agency decisions document on its website for viewing.
This is Oregon OSHA Administrative Order 2-2018, adopted June 29, 2018 and effective January
1, 2019.
W
Worker Protection Standard
2BDivision 4 AO 2-2018 Oregon Administrative Rules Oregon Occupational Safety and Health Division
List of Figures W - 76 List of Tables
List of Figures for Subdivision W
Figure 1 - Worker Protection Standard, Application Exclusion Zone Decision
Matrix
...................................................................................... 33
List of Tables for Subdivision W
Table 1 Entry Restrictions During Enclosed Space Production Pesticide
Applications ............................................................................... 36
Table 2 - General guideline for minimum eye protection ................................ 54
Oregon Administrative Rules
Chapter 437
Division 4
Agriculture
Chemicals/Toxins
Subdivision
Administrative
Order 4-2022
ii
In accordance with Oregon Revised Statutes (ORS) 654, The Oregon Safe Employment Act
(OSEAct), Oregon Department of Consumer and Business Services, Occupational Safety and Health
Division (Oregon OSHA), adopted these rules.
The Secretary of State designated Oregon Administrative Rules Chapter 437 as the Oregon
Occupational Safety and Health Division Rules. Six subject areas are designated as “Divisions” of
these rules.
Division 1 Administration of the Oregon Safe Employment Act
Division 2 General Occupational Safety and Health Rules
Division 3 Construction
Division 4 Agriculture
Division 5 Maritime Activities
Division 7 Forest Activities
Oregon-initiated rules are numbered in a uniform system developed by the Secretary of State. This
system does not number the rules in sequence (001, 002, 003, etc.). Omitted numbers may be
assigned to new rules at the time of their adoption.
Oregon-initiated rules are arranged in the following codification structure prescribed by the
Secretary of State for Oregon Administrative Rules (OAR):
Chapter Division Subdivision Rule Section Paragraphs
437 002 N 0221 (1) (a)(A)(i)(I)
Cite as 437-002-0221(1)(a)
Many of the Oregon OSHA rules are adopted by reference from the Code of Federal Regulations
(CFR), and are arranged in the following federal numbering system:
Part Subpart Section Paragraphs
(Subdivision)
1910 N .176 (a)(1)(i)(A)(1)(i)
Cite as 1910.176(a)(1)
When both Federal and Oregon-initiated rules are in the same Division or Subdivision, the Oregon-
initiated rules are displayed in italics. The terms “subdivision” and “subpart” are synonymous within
OAR 437, Oregon Occupational Safety and Health rules.
These rules are available for viewing in the Office of the Secretary of State, Oregon State Archives
Building, Salem, Oregon.
These rules are available in electronic and printable formats at osha.oregon.gov.
Printed copies of these rules are available at:
Department of Consumer & Business Services
Oregon Occupational Safety & Health Division (Oregon OSHA)
350 Winter St. NE
Salem, OR 97301-3882
Or call the Oregon OSHA Resource Library at 503-378-3272.
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
Table of Contents
Z - iii
Table of Contents
Table of Contents
437-004-9000 Oregon Rules for Air Contaminants ........................................................ 5
437-004-9010 Fumigated Areas ................................................................................... 32
437-004-9050 Asbestos ............................................................................................... 32
437-004-9090 13 Carcinogens ..................................................................................... 34
437-004-9600 Lead ...................................................................................................... 34
437-004-9620 Cadmium ............................................................................................... 35
437-004-9626 Chromium (VI) ....................................................................................... 35
437-004-9640 Benzene ................................................................................................ 36
437-004-9650 Bloodborne Pathogens .......................................................................... 37
437-004-9710 Acrylonitrile ........................................................................................... 38
437-004-9720 Thiram ................................................................................................... 38
437-004-9740 Ethylene Oxide ...................................................................................... 44
437-004-9760 Formaldehyde ....................................................................................... 44
437-004-9780 Methylenedianiline ................................................................................ 44
437-004-9791 Protection from Wildfire Smoke ............................................................. 45
Appendix A to 437-004-9791: Mandatory Workplace Guidance for the Use of Filtering
Facepiece Respirators to Address Wildfire Smoke ............................... 53
Appendix B to 437-004-9791: Information for Wildfire Smoke Protection.............................. 55
437-004-9800 Hazard Communication Standard for Agricultural Employers ............... 57
437-004-9830 Retention of Department of Transportation (DOT) Markings, Placards
and Labels ............................................................................................ 71
437-004-9850 Pipe Labeling ........................................................................................ 71
Appendix A to 437-004-9850 Pipe Labeling (Non-Mandatory) ............................................. 75
437-004-9860 Hazardous Chemicals in Laboratories .................................................. 77
List of Tables for Division 4, Subdivision Z ............................................................................ 79
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
Table of Contents
Z - iv
Table of Contents
Note: This note has been added after rule adoption (OAR 437-004-9791) for ease of
reference and awareness to readers. The U.S. Environmental Protection Agency (EPA)
modified how it reports its Air Quality Index (AQI) in May 2024. This AQI scale update
does not affect how exposure to fine particulate matter (PM2.5) from wildfire smoke is
measured and does not change how the Oregon OSHA rule functions. The AQI values
for mandatory respirator use referenced in this rule have not been revised to account
for the EPA's AQI update. Please refer to the technical guidance available at
https://osha.oregon.gov/OSHARules/interps/TG-2024-01.pdf for a crosswalk between
the former and current AQI scales. June 2024
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000
Z - 5
437-004-9000 (2)(a)
437-004-9000 Oregon Rules for Air Contaminants
An employee’s exposure to any substance in Oregon Tables Z-1, Z-2, or Z-3 of this section
must be limited in accordance with the requirements of the following paragraphs of this
section.
(1) Oregon Table Z-1
(a) Substances with limits preceded by “C” – ceiling values. An employee’s exposure
to any substance in Oregon Table Z-1, the exposure limit of which is not preceded
by a “C”, must at no time exceed the ceiling exposure limit given for that
substance. If instantaneous monitoring is not feasible, then assess the ceiling as a
15-minute time-weighted average. This exposure level must never be exceeded at
any time during the workday.
(b) Other substances 8-hour time-weighted averages (PEL-TWA). An employee’s
exposure to any substance in Oregon Table Z-1, the exposure limit of which is not
preceded by a “C”, must not exceed the 8-hour Time-Weighted Average for that
substance in any 8-hour shift of a 40-hour work week.
(c) Other substances Excursion Limits. Excursions in exposure levels may be more
than three times the PEL-TWA number for no more than a total of 30 minutes
during a workday, and must never be more than five times the PEL-TWA, provided
that the overall 8-hour PEL-TWA is not exceeded.
(d) Skin designation. To prevent or reduce skin absorption, you must prevent or
reduce an employee’s skin exposure to substances listed in Oregon Table Z-1 with
an “X” in the Skin designation column following the substance name. Prevent or
reduce exposure to the extent necessary in the circumstances through the use of
gloves, coveralls, goggles, or other appropriate personal protective equipment,
engineering controls or work practices.
(e) Oregon Table Z-1 in Division 4/Z, OAR 437-004-9000, has a complete list of
regulated substances. If your operation exposes an employee to a substances
listed in Oregon Table Z-1, and that substance includes a reference to another
rule, that rule may apply to your circumstances.
(2) Oregon Table Z-2. An employee’s exposure to any substance listed in Oregon Table Z-
2 must not exceed the following exposure limits:
(a) 8-hour time-weighted averages. An employee’s exposure to any substance in
Oregon Table Z-2, in any 8 hour work shift of a 40-hour work week, must not
exceed the 8-hour time-weighted average limit for that substance in Oregon Table
Z-2.
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (2)(b)
Z - 6
437-004-9000 (3)
(b) Acceptable ceiling concentrations. An employee’s exposure to a substance in
Oregon Table Z-2 must not exceed the acceptable ceiling concentration for that
substance during an 8-hour shift except: Acceptable maximum peak above the
acceptable ceiling concentration for an 8-hour shift. An employee’s exposure to a
substance in Oregon Table Z-2 must never exceed the acceptable maximum peak
above the acceptable ceiling concentration and must not exceed the maximum
duration of exposure at that level for the substance during an 8-hour shift.
(c) Example. During an 8-hour work shift, an employee’s exposure to benzene is
limited to an 8-hour time-weighted average (TWA) of 10 ppm. The acceptable
ceiling concentration of benzene during the 8-hour work shift is a maximum of 25
ppm, unless that exposure is no more than 50 ppm and for not longer than 10
minutes during an 8-hour work shift. Such exposures must be compensated by
lower exposure levels (concentrations below the TWA number 10 ppm) during
that shift so that the overall 8 hour time-weighted average is a maximum of 10
ppm.
Example from Oregon Table Z-2
Substance
8-Hour
Time
Weighted
Average
Acceptable Ceiling
Concentration
Acceptable Max. Peak Above
the Acceptable Ceiling
Concentration for an 8-hour
Shift
Skin
Concentration
Maximum
Duration
Benzene (a)
(Z87.4-1969)
10 ppm
25 ppm
50 ppm
10 min.
Beryllium and
beryllium
2 μg/m3
5 μg/m3
25 μg/m3
30 min.
Carbon
tetrachloride
(Z37.19-1967)
10 ppm
25 ppm
200 ppm
5 min. In any 4
hour
(d) Skin designation. To prevent or reduce skin absorption, you must prevent or
reduce an employee’s skin exposure to substances listed in Oregon Table Z-2 with
an “X” in the Skin designation column following the substance name. Prevent or
reduce exposure to the extent necessary in the circumstances through the use of
gloves, coveralls, goggles, or other appropriate personal protective equipment,
engineering controls, or work practices.
(3) Oregon Table Z-3. An employee’s exposure to any substance in Oregon Table Z-3, in
any 8-hour work shift of a 40-hour work week, must not exceed the 8-hour time-
weighted average limit given for that substance.
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (4)
Z - 7
437-004-9000 (4)(b)(A)
(4) Computation formulae. The computation formulae that apply to exposures to one or
more substances, with 8-hour time-weighted averages included in OAR 437, Division
4/Z, Chemicals/Toxins, in order to determine whether an employee is exposed is over
the regulatory limit are as follow
(a) For a single air contaminant:
(A) Compute the cumulative exposure for an 8-hour work shift as follows:
E = (C
a
T
a
+ C
b
T
b
+ ...C
n
T
n
) ÷ 8
Where:
E is the equivalent exposure to that substance for the shift.
C is the concentration during any period T where the concentration
remains constant.
T is the duration in hours of the exposure at the concentration C.
The value of E must not exceed the 8-hour time-weighted average specified
for that substance in Subdivision 4/Z.
(B) To illustrate the formula in (4)(a)(i) above, assume that Substance A (from
Oregon Table Z-1) has an 8 hour time-weighted average limit of 100 ppm.
Assume that an employee is subject to the following exposure:
Two hours exposure at 150 ppm
Two hours exposure at 75 ppm
Four hours exposure at 50 ppm
Substituting this information in the formula, we have:
[(C
a
x T
a
) + (C
b
x T
b
) + ... (C
n
x T
n
)] ÷ 8 = E =TWA
[(2 x 150) + (2 x 75) + (4 x 50)] ÷ 8 = 81.25 ppm
Since 81.25 ppm is less than 100 ppm, the 8-hour time-weighted average
limit, the exposure is acceptable.
(b) For a mixture of air contaminants:
(A) In case of a mixture of air contaminants, compute the equivalent exposure as
follows:
E
m
= (C
1
÷ L
1
) + (C
2
÷ L
2
) + . . .(C
n
÷ L
n
)
Where:
E
m
is the equivalent exposure for the mixture.
C
n
is the concentration of a particular contaminant.
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (4)(b)(A)
Z - 8
437-004-9000 (5)
L
n
is the exposure limit for that substance in Subdivision 4/Z.
The value of E
m
must not exceed “unity” (1).
(B) To illustrate the formula in (4)(b)(i) above, consider the following exposures:
Substance
Actual concentration of 8-
hour exposure (C
n
)
8-hour time-weighted average
exposure limit (L
n
)
1
500 ppm
1,000 ppm
2
45 ppm
200 ppm
3
40 ppm
200 ppm
Substituting in the formula, we have:
E
m
= (C
1
÷ L
1
) + (C
2
÷ L
2
) + . . .(C
n
÷ L
n
)
E
m
= (500 ÷ 1000) + (45 ÷ 200) + (40 ÷ 200)
E
m
= 0.500 + 0.225 + 0.200
E
m
= 0.925
Since E
m
(0.925) is less than unity (1), the exposure combination is within
acceptable limits.
(5) Engineering or administrative controls. To achieve compliance with the exposure limits
in paragraphs (1) through (4) of this section, first determine and implement, when
feasible, engineering or administrative controls. When such controls are not feasible,
mandate the use of protective equipment or any other protective measures to keep
exposure within the limits in this section. Any equipment or technical measures used for
this purpose must be approved for each particular use by a competent Industrial
Hygienist or other technically qualified person. Whenever using respirators, comply with
Division 4/I, OAR 437-004-1040, Respiratory Protection. Tables Z-1, Z-2, Z-3, and
notes.
Oregon Table Z-1 Adopted Values (In Alphabetic Order)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Abate
3383-96-8
10
Acetaldehyde
75-07-0
100
180
Acetic Acid
64-19-7
10
25
Acetic anhydride
108-24-7
5
20
Acetone
67-64-1
1,000
2,400
Acetonitrile
75-05-8
40
70
2-Acetylaminoflourine
53-96-3
(See 437-004-
9090)
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 9
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Acetylene
74-86-2
1,000
Acetylene dichloride, see 1,2-
Dichloroethylene
Acetylene tetrabromide
79-27-6
1
14
Acrolein
107-02-8
0.1
0.25
Acrylamide
79-06-1
0.3
X
Acrylonitrile
107-13-1
(See 437-004-
9710)
Aldrin
309-00-2
0.25
X
Allyl alcohol
107-18-6
2
5
X
Allyl chloride
107-05-1
1
3
Allyn glycidyl ether (AGE)
106-92-3
5
(C) 10
22
(C) 45
Allyl propyl disulfide
2179-59-1
2
12
alpha Alumina
Total Dust
Respirable Fraction
1344-28-1
10
5
Aluminum Metal Dust
Total Dust
Respirable Fraction
7429-90-5
10
5
Alundum (A1203)
10
4-Aminodiphenyl
92-67-1
(See 437-004-
9090)
2-Aminoethanol, see Ethanolamine
2-Aminopyridine
504-29-0
0.5
2
Ammonia
7664-41-7
25
18
Ammonium Chloride Fumes
12125-02-9
10
Ammonium sulfamate
Total Dust
Respirable Fraction
7773-06-0
10
5
n-Amyl acetate
628-63-7
100
525
Sec-Amyl acetate
626-38-0
125
650
Aniline and homologs
62-53-3
5
19
X
Anisidine (o, p-isomers)
29191-52-4
0.5
X
Antimony & Compounds (as Sb)
7440-36-0
0.5
ANTU (alpha Naphthylthiourea)
86-88-4
0.3
Arsenic, Inorganic Compounds
(as As) (See 1910.1018)
7440-38-2
0.01
Arsenic, Organic Compounds (as As)
7440-38-2
.05
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 10
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Arsine
7784-42-1
0.05
0.2
Asbestos (See 437-004-9050)
Asphalt (petroleum) Fumes
8052-42-4
5
Azinphos-methyl
86-50-1
0.2
X
Barium (soluble compounds)
7440-39-3
0.5
Barium Sulfate
Total Dust
Respirable Fraction
7727-43-7
10
5
Benomyl
Total Dust
Respirable Fraction
17804-35-2
10
5
Benzene
See Table Z-2 for the limits applicable in
the operations or sectors excluded in
OAR 437-004-9640
(d)
71-43-2
(See 437-004-
9640)
Benzidine
92-87-5
(See 437-004-
9090)
p-Benzoquinone, see Quinone
Benzoyl Peroxide
94-36-0
5
Benzyl chloride
100-44-7
1
5
Beryllium and Beryllium compounds
7440-41-7
(see Table Z-2)
Biphenyl, see Diphenyl
Bismuth telluride (undoped)
Total Dust
Respirable Fraction
1304-82-1
10
5
Bismuth telluride (se-doped)
5
Bisphenol A, see Diglycidyl ether
Boron oxide
1303-86-2
10
Boron tribromide
10294-33-4
1
10
Boron trifluoride
7637-07-2
(C) 1
(C) 3
Bromine
7726-95-6
0.1
0.7
Bromine pentafluoride
7789-30-2
0.1
0.7
Bromoform
75-25-2
0,5
5
X
Butadiene (1,3-Butadiene) (See 1910.1051;
and 1910.19(1))
106-99-0
1 ppm/5 ppm
STEL
Butane
106-97-8
800
1,900
Butanethiol, see Butyl mercaptan
2-Butanone (Methyl Ethyl Ketone)
78-96-3
200
590
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 11
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
2-Butoxyethanol (Butyl cellosolve)
111-76-2
50
240
X
Butyl acetate (n-Butyl acetate)
123-86-4
150
710
sec-Butyl acetate
105-46-4
200
950
tert-Butyl acetate
540-88-5
200
950
n-Butyl alcohol
71-36-3
100
300
sec-Butyl alcohol
78-92-2
150
450
tert-Butyl alcohol
75-65-0
100
300
Butyl lactate
138-22-7
1
5
Butylamine
109-73-9
(C) 5
(C) 15
X
tert-Butyl chromate (as CrO3)
1189-85-1
(See 437-004-
9626)
n-Butyl glycidyl ether (BGE)
2426-08-6
50
270
Butyl mercaptan
109-79-5
0.5
1.5
p-tert-Butyltoluene
98-51-1
10
60
Cadmium dust and fume (as Cd)
7440-43-9
(See 437-004-
9620)
0.005
Calcium carbonate
Total Dust
Respirable Fraction
1317-65-3
10
5
Calcium hydroxide
Total Dust
Respirable Fraction
1305-62-0
10
5
Calcium oxide
1305-78-8
5
Calcium silicate
Total Dust
Respirable Fraction
1344-95-2
10
5
Calcium sulfate
Total Dust
Respirable Fraction
7778-18-9
10
5
Camphor, synthetic
76-22-2
2
Caprolactam
(2-Oxonexa-methylenimine)
105-60-2
5
Carbaryl (Sevin®)
63-25-2
5
Carbon black
1333-86-4
3.5
Carbon dioxide
124-38-9
5,000
9,000
Carbon disulfide
75-15-0
(See Table Z-2)
Carbon monoxide
630-08-0
50
55
Carbon tetrachloride
56-23-5
(See Table Z-2)
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 12
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Cellulose
Total Dust
Respirable Fraction
9006-34-6
10
5
Chlordane
57-74-9
0.5
X
Chlorinated camphene
8001-35-2
0.5
X
Chlorinated diphenyl oxide
55720-99-5
0.5
Chlorine
7782-50-5
(C) 1
(C) 3
Chlorine dioxide
10049-04-4
0.1
0.3
Chlorine trifluoride
7790-91-2
(C) 0.1
(C) 0.4
Chloroacetaldehyde
107-20-0
(C) 1
(C) 3
a-Chloroacetophenone (Phenacyl chloride)
532-27-4
0.05
0.3
Chlorobenzene
108-90-7
75
350
o-Chlorobenzylidene malononitrile
2698-41-1
0.05
0.4
Chlorobromomethane
74-97-5
200
1,050
2-Chloro-1, 3-butadiene, see beta-
Chloroprene
Chlorodiphenyl (42% Chlorine)
53469-21-9
1
X
Chlorodiphenyl (54% Chlorine)
11097-69-1
0.5
X
1-Chloro, 2, 3-epoxypropane, see
Epichlorhydrin
2-Chloroethanol, see Ethylene chlorohydrin
Chloroethylene, see Vinyl Chloride
Chloroform (Trichloromethane)
67-66-3
(C) 25
(C) 120
bis-Chloromethyl ether
542-88-1
(See 437-004-
9090)
Chloromethyl methyl ether
107-30-2
(See 437-004-
9090)
1-Chloro-1-nitropropane
600-25-9
20
100
Chloropicrin
76-06-2
0.1
0.7
beta-Chloroprene (2-chloro-1,3-butadiene)
126-99-8
25
90
X
2-Chloro-6-(trichloromethyl) pyridine
Total Dust
Respirable Fraction
1929-82-4
10
5
Chromic acid and chromates (as CrO3)
1333-82-0
(See Table Z-2)
Chromium (II) compounds (as Cr)
7440-47-3
0.5
Chromium (III) compounds (as Cr)
7440-47-3
0.5
Chromium (VI) compounds
(See 437-004-
9626)
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 13
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Chromium metal & insol. Salts (as Cr)
7440-47-3
1
Clopidol
Total Dust
Respirable Fraction
2971-90-6
10
5
Coal Dust
(See Table Z-3)
Coal tar pitch volatiles (See 1910.1002)
(Benzene soluble fraction) anthracene,
BaP, phenanthrene, acridine,
chrysene, pyrene
65966-93-2
0.2
Cobalt metal, fume & dust
7440-48-4
0.1
Coke oven emissions (See 1910.1029)
Copper fume
Dusts and Mists
7440-50-8
7440-50-8
0.1
1
Corundum (A1203)
1302-74-5
10
Cotton dust (See 1910.1043)
Cotton dust (raw)
1
(e)
Crag® herbicide (Sesone)
Total Dust
Respirable Fraction
136-78-7
10
5
Cresol (all isomers)
1319-77-3
5
22
X
Crotonaldehyde
123-73-9/
4170-30-3
2
6
Cumene
98-82-8
50
245
X
Cyanides (as CN)
5
X
Cyanogen
460-19-5
10
Cyclohexane
110-82-7
300
1,050
Cyclohexanol
108-93-0
50
200
Cyclohexanone
108-94-1
50
200
Cyclohexene
110-83-8
300
1,015
Cyclopentadiene
542-92-7
75
200
2,4-D (Dichlorophenoxyacetic acid)
94-75-7
10
DDT
50-29-3
1
X
DDVP, see Dichlorvos
Decaborane
17702-41-9
0.05
0.3
X
Demeton® (Systox)
8065-48-3
0.1
X
Diacetone alcohol (4-hydroxy-4-methyl-2-
pentanone)
123-42-2
50
240
1, 2-Diaminoethane, see Ethylenediamine
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 14
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Diazinon
333-41-5
0.1
X
Diazomethane
334-88-3
0.2
0.4
Diborane
19287-45-7
0.1
0.1
Dibrom®
300-76-5
3
1,2-Dibromo-3-chloropropane (DBCP)
(See 1910.1044)
96-12-8
0.001
1,2-Dibromoethane, see Ethylene
dibromide
2-N-Dibutylaminoethanol
102-81-8
2
14
X
Dibutyl phosphate
107-66-4
1
5
Dibutyl phthalate
84-74-2
5
Dichloroacetylene
7572-29-4
(C) 0.1
(C) 0.4
o-Dichlorobenzene
95-50-1
(C) 50
(C) 300
p-Dichlorobenzene
106-46-7
75
450
3,3-Dichlorobenzidine
91-94-1
(See 437-004-
9090)
X
Dichlorodifluoromethane
75-71-8
1,000
4,950
1,3-Dichloro-5, 5-dimethyl hydantoin
118-52-5
0.2
Dichlorodiphenyltrichloroethane (DDT)
50-29-3
1
X
1, 1-Dichloroethane
75-34-3
100
400
1, 2-Dichloroethane, see Ethylene
dichloride
1, 2-Dichlorethylene
540-59-0
200
790
Dichloroethyl Ether.
111-44-4
5
(C) 15
30
(C) 90
X
Dichloromethane, see Methylene chloride
Dichloromonofluoromethane
75-43-4
1,000
4,200
1, 1-Dichloro-1-nitroethane
594-72-9
(C) 10
(C) 60
1, 2-Dichloropropane, see Propylene
dichloride
Dichlorotetrafluoroethane
76-14-2
1,000
7,000
Dichlorvos (DDVP)
62-73-7
0.1
1
X
Dicyclohexylmethane 4,4’-diisocyanate
(hydrogenated MDI)
5124-30-1
See Table Z-2
Dicyclopentadienyl iron
Total Dust
Respirable Fraction
102-54-5
10
5
Dieldrin
60-57-1
0.25
X
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 15
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Diethylamine
109-89-7
25
75
2-Diethylaminoethanol
100-37-8
10
50
X
Diethylene triamine
111-40-0
(C) 1
(C) 4
X
Diethylether, see Ethyl ether
Difluorodibromomethane
75-61-6
100
860
Diglycidyl ether (DGE)
2238-07-5
(C) 0.5
(C) 2.8
Dihydroxybenzene, see Hydroquinone
Diisobutyl ketone
108-83-8
25
150
Diisopropylamine
108-18-9
5
20
X
Dimethoxymethane, see Methylal
Dimethyl acetamide
127-19-5
10
35
X
Dimethylamine
124-40-3
10
18
4-Dimethylaminoazobenzene
60-11-7
(See 437-004-
9090)
Dimethylaminobenzene, see Xylidene
Dimethylaniline (N,N-Dimethy-laniline)
121-69-7
5
25
X
Dimethylbenzene, see Xylene
Dimethyl-1,2-dibromo-2, 2-dichloroethyl
phosphate
300-76-5
3
Dimethylformamide
68-12-2
10
30
X
2,6-Dimethylheptanone, see Diisobutyl
ketone
1,1-Dimethylhydrazine
57-14-7
0.5
1
X
Dimethylphthalate
131-11-3
5
Dimethyl sulfate
77-78-1
1
5
X
Dinitrobenzene (all isomers)
(ortho)
(meta)
(para)
528-29-0
99-65-0
100-25-4
1
X
Dinitro-o-cresol
534-52-1
0.2
X
Dinitrotoluene
25321-14-6
1.5
X
Dioxane (Diethylene dioxide)
123-91-1
100
360
X
Diphenyl (Biphenyl)
92-52-4
0.2
1
Diphenylamine
122-39-4
10
Diphenylmethane diisocyanate (MDI),
(See Table Z-2)
Dipropylene glycol methyl ether
34590-94-8
100
600
X
Diquat
231-36-7
0.5
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 16
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Di-sec, octyl phthalate (Di-2-ethyl-
hexylphthalate
117-81-7
5
Emery
Total Dust
Respirable Fraction
12415-34-8
10
5
Endosulfan (Thiodan®)
115-29-7
0.1
X
Endrin
72-20-8
0.1
X
Epichlorohydrin
106-89-8
5
19
X
EPN
2104-64-5
0.5
X
1,2-Epoxypropane, see Propylene oxide
2,3-Epoxy-1-propanol, see Glycidol
Ethane
74-84-0
1,000
Ethanethiol, see Ethyl mercaptan
Ethanolamine
141-43-5
3
6
2-Ethoxyethanol (Cellosolve)
110-80-5
100
370
X
2-Ethoxyethylacetate (Cellosolve acetate)
111-15-9
100
540
X
Ethyl acetate
141-78-6
400
1,400
Ethyl acrylate
140-88-5
25
100
X
Ethyl alcohol (ethanol)
64-17-5
1,000
1,900
Ethylamine
75-04-7
10
18
Ethyl amyl ketone (5-methyl-3-heptanone)
541-85-5
25
130
Ethyl benzene
100-41-4
100
435
Ethyl bromide
74-96-4
200
890
Ethyl butyl ketone (3-Heptanone)
106-35-4
50
230
Ethyl chloride
75-00-3
1,000
2,600
Ethyl ether
60-29-7
400
1,200
Ethyl formate
109-94-4
100
300
Ethyl mercaptan
75-08-1
0.5
(C) 10
1
(C) 25
Ethyl silicate
78-10-4
100
850
Ethylene
74-85-1
1,000
Ethylene chlorohydrin
107-07-3
5
16
X
Ethylenediamine
107-15-3
10
25
Ethylene dibromide
106-93-4
(See Table Z-2)
Ethylene dichloride
107-06-2
(See Table Z-2)
Ethylene gylcol particulate
10
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 17
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Ethylene glycol, Vapor
107-21-1
100
260
Ethylene glycol dinitrate
628-96-6
(C) 0.2
(C) 1
X
Ethylene gylcol methyl acetate (Methyl
cellosolve acetate) (2-Methoxy-ethel
acetate)
110-49-6
25
120
X
Ethylenimine
151-56-4
(See 437-004-
9090)
Ethylene oxide
75-21-8
1
(See 437-004-
9740)
Ethylidine chloride, see 1, 1-Dichloroethane
N-Ethylmorpholine
100-74-3
20
94
X
Ferbam
Total Dust
Respirable Fraction
14484-64-1
10
5
Ferrovanadium dust
12604-58-9
1
Fibrous glass, see Glass, Fibrous
Fluorides (As F)
(See Table Z-2)
Fluorine
7782-41-4
0.1
0.2
Fluorotrichloromethane
(Trichlorofluoromethane)
75-69-4
1,000
5,600
Formaldehyde
50-00-0
(See 437-004-
9760)
Formic acid
64-18-6
5
9
Furfural
98-01-1
5
20
X
Furfuryl alcohol
98-00-0
5
20
Gasoline
8006-61-9
(g)
Germanium tetrahydride
7782-65-2
0.2
0.6
Glass, Fibrous or dust
10
Glycerin (mist)
Total Dust
Respirable Fraction
56-81-5
10
5
Glycidol
556-52-5
50
150
Glycol momoethyl ether, see 2-
Ethoxythanol
Grain dust (oat, wheat, barley)
10
Graphite natural, respirable
7782-42-5
(See Table Z-3)
Graphite (Synthetic)
Total Dust
Respirable Fraction
7782-42-5
10
5
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 18
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Guthion®, see Azinphosmethyl
Gypsum
Total Dust
Respirable Fraction
13397-24-5
10
5
Hafnium
7440-58-6
0.5
Heptachlor
76-44-8
0.5
X
Heptane (n-heptane)
142-82-5
500
2,000
Hexachlorocyclopentadiene
77-47-4
0.1
1
Hexachloroethane
67-72-1
1
10
X
Hexachloronaphthalene
1335-87-1
0.2
X
Hexafluoroacetone
684-16-2
0.1
0.7
X
Hexamethylene diisocyanate (HDI)
822-06-0
(See Table Z-2)
1,6 Hexamethylene diisocyanate
Based Adduct
(See Table Z-2)
Hexane (n-hexane)
110-54-3
500
1,800
2-Hexanone
591-78-6
100
410
Hexone (Methyl isobutyl ketone)
108-10-1
100
410
sec-Hexyl acetate
108-84-9
50
300
Hydrazine
302-01-2
1
1.3
X
Hydrogen
1333-74-0
1,000
Hydrogen bromide
10035-10-6
3
10
Hydrogen chloride
7647-01-0
(C) 5
(C) 7
Hydrogen cyanide
74-90-8
10
11
X
Hydrogen fluoride (as F)
7664-39-3
(See Table Z-2)
Hydrogen peroxide
7722-84-1
1
1.4
Hydrogen selenide (as Se)
7783-07-5
0.05
0.2
Hydrogen sulfide
7783-06-4
(See Table Z-2)
Hydroquinone
123-31-9
2
Indene
95-13-6
10
45
Indium and compounds (as In)
7440-74-6
0.1
Iodine
7553-56-2
(C) 0.1
(C) 1
Iron oxide fume
1309-37-1
10
Iron pentacarbonyl
13463-40-6
0.1
0.23
Iron salts, soluble, as Fe
1
Isoamyl acetate
123-92-2
100
525
Isoamyl alcohol (primary and secondary)
123-51-3
100
360
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 19
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Isobutyl acetate
110-19-0
150
700
Isobutyl alcohol
78-83-1
100
300
Isophorone
78-59-1
10
55
Isophorone diisocyanate (IPDI)
4098-71-9
(See Table Z-2)
Isopropyl acetate
108-21-4
250
950
Isopropyl alcohol
67-63-0
400
980
Isopropylamine
75-31-0
5
12
Isopropyl ether
108-20-3
250
1,050
Isopropyl glycidyl ether (IGE)
4016-14-2
50
240
Kaolin
Total Dust
Respirable Fraction
1332-58-7
10
5
Ketene
463-51-4
0.5
0.9
Lead, inorganic (as Pb)
7439-92-1
(See 437-004-
9600)
0.05
Lead arsenate (See 1910.1018)
7784-40-9
0.01
Limestone
Total Dust
Respirable Fraction
1317-65-3
10
5
Lindane
58-89-9
0.5
X
Lithium hydride
7580-67-8
0.025
L.P.G. (Liquified petroleum gas)
68476-85-7
1,000
1,800
Magnesite
Total Dust
Respirable Fraction
546-93-0
10
5
Magnesium oxide fume
Total Dust
Respirable Fraction
1309-48-4
10
5
Malathion
121-75-5
10
X
Maleic anhydride
108-31-6
0.25
1
Manganese Compounds and Fume (as
Mn)
7439-96-5
0.1
(C) 5
Marble
Total Dust
Respirable Fraction
1317-65-3
10
5
Mercury (aryl, inorganic, organo, and
vapor) (as Hg)
7439-97-6
(metal)
(See Table Z-2)
Mesityl oxide
141-79-7
25
100
Methane
74-82-8
1,000
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 20
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Methanethiol, see Methyl mercaptan
Methoxychlor
Total Dust
Respirable Fraction
72-43-5
10
5
2-Methoxyethanol (Methyl Cellosolve)
109-86-4
25
80
X
2-Methoxyethyl acetate (Methyl cellosolve
acetate)
110-49-6
25
120
X
Methyl acetate
79-20-9
200
610
Methyl acetylene (propyne)
74-99-7
1,000
1,650
Methyl acetylene-propadiene mixture
(MAPP)
1,000
1,800
Methyl acrylate
96-33-3
10
35
X
Methylacrylonitrile
126-98-7
1
3
X
Methylal (dimethoxymethane)
109-87-5
1,000
3,100
Methyl alcohol (methanol)
67-56-1
200
260
Methylamine
74-89-5
10
12
Methyl amyl alcohol, see Methyl isobutyl
carbinol
Methyl (n-amyl) ketone
110-43-0
100
465
Methyl bromide
74-83-9
15
(C) 20
60
(C) 80
X
Methyl butyl ketone, see 2-Hexanone
Methylcyclohexane
108-87-2
500
2,000
Methylcyclohexanol
25639-42-3
50
235
o-Methylcyclohexanone
583-60-8
50
230
X
2-Methylcyclopentadienyl manganese
tricarbonyl (as Mn)
12108-13-3
0.1
0.2
X
Methyl demeton
8022-00-2
0.5
X
Methyl ethyl ketone (MEK), see 2-Butanone
Methyl formate
107-31-3
100
250
Methyl iodide
74-88-4
5
28
X
Methyl isoamyl ketone
110-12-3
100
475
Methyl isobutyl carbinol
108-11-2
25
100
X
Methyl isobutyl ketone, see Hexone
Methyl isocyanate
624-83-9
0.02
0.05
X
Methyl mercaptan
74-93-1
0.5
(C) 10
1
(C) 20
Methyl methacrylate
80-62-6
100
410
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 21
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Methyl parathion
298-00-0
0.2
X
Methyl propyl ketone, see 2-Pentanone
Methyl silicate
681-84-5
(C) 5
(C) 30
a-Methyl styrene
98-83-9
(C) 100
(C) 480
Methylene bisphenyl isocyanate (MDI)
101-68-8
(See Table Z-2 --
diisocyanates)
Methylenedianiline (MDA)
(See 437-004-
9780)
0.01
Methylene Chloride
75-09-2
25
Mineral Wool Fiber
10
MOCA [4,4’-Methylene bis (2-chloroaniline)]
(See 437-002-0346)
101-14-4
Molybdenum
(soluble compounds)
(insoluble compounds)
7439-98-7
5
10
Monomethyl aniline
100-61-8
2
9
X
Monomethyl hydrazine
60-34-4
(C) 0.2
(C) 0.35
X
Morpholine
110-91-8
20
70
X
Naphtha (coal tar)
8030-30-6
100
400
Naphthalene
91-20-3
10
50
Naphthalene diisocyanate (NDI)
3173-72-6
(See Table Z-2)
alpha-Naphthylamine
134-32-7
(See 437-004-
9090)
beta-Naphthylamine
91-59-8
(See 437-004-
9090)
Nickel carbonyl (as Ni)
13463-39-3
0.001
0.007
Nickel, metal and insoluble compounds, as
Ni
7440-02-0
1
Nickel, soluble compounds, (as Ni)
7440-02-0
1
Nicotine
54-11-5
0.075
0.5
X
Nitric acid
7697-37-2
2
5
Nitric oxide
10102-43-9
25
30
p-Nitroaniline
100-01-6
1
6
X
Nitrobenzene
98-95-3
1
5
X
4-Nitrodiphenyl
92-93-3
(See 437-004-
9090)
p-Nitrochlorobenzene
100-00-5
1
X
Nitroethane
79-24-3
100
310
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 22
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Nitrogen dioxide
10102-44-0
(C) 5
(C) 9
Nitrogen trifluoride
7783-54-2
10
29
Nitroglycerin
55-63-0
(C) 0.2
(C) 2
X
Nitromethane
75-52-5
100
250
1-Nitropropane
108-03-2
25
90
2-Nitropropane
79-46-9
25
90
N-Nitrosodimethylamine
(See 437-004-
9090)
Nitrotoluene (all isomers)
88-72-2/
99-08-1/
99-99-0
5
30
X
Nitrotrichloromethane, see Chloropicrin
Nitrous oxide
10024-97-5
50
90
Octachloronaphthalene
2234-13-1
0.1
X
Octane
111-65-9
400
1,900
Oil mist (mineral)
8012-95-1
5
Oil mist, vapor
(g)
Osmium tetroxide (as Os)
20816-12-0
0.002
Oxalic acid
144-62-7
1
Oxygen difluoride
7783-41-7
0.05
0.1
Ozone
10028-15-6
0.1
0.2
Parafin wax fume
8002-74-2
1
Paraquat respirable dust
4685-14-7/
1910-42-5/
2074-50-2
0.5
X
Parathion
56-38-2
0.1
X
Particulates not otherwise regulated
(PNOR) (f)
Total Dust
Respirable Fraction
10
5
Pentaborane
19624-22-7
0.005
0.01
Pentachloronaphthalene
1321-64-8
0.5
X
Pentachlorophenol
87-86-5
0.5
X
Pentaerythritol
Total Dust
Respirable Fraction
115-77-5
10
5
Pentane
109-66-0
500
1,500
2-Pentanone (Methyl propyl ketone)
107-87-9
200
700
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 23
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Perchloroethylene (tetrachloroethylene)
127-18-4
(See Table Z-2)
Perchloromethyl mercaptan
594-42-3
0.1
0.8
Perchloryl fluoride
7616-94-6
3
13.5
Perlite
Total Dust
Respirable Fraction
93763-70-3
10
5
Petroleum distillates (naphtha) (Rubber
Solvent)
500
2,000 (g)
Phenol
108-95-2
5
19
X
Phenothiazine
92-84-2
5
X
p-Phenylene diamine
106-50-3
0.1
X
Phenyl ether (vapor)
101-84-8
1
7
Phenyl ether – diphenyl mixture (vapor)
8004-13-5
1
7
Phenylethylene, see Styrene
Phenyl glycidyl ether (PGE)
122-60-1
10
60
Phenylhydrazine
100-63-0
5
22
X
Phenylphosphine
638-21-1
(C) 0.05
(C) 0.25
Phosdrin (Mevinphos®)
7786-34-7
0.1
X
Phosgene (carbonyl chloride)
75-44-5
0.1
0.4
Phosphine
7803-51-2
0.3
0.4
Phosphoric acid
7664-38-2
1
Phosphorus (yellow)
7723-14-0
0.1
Phosphorus pentachloride
10026-13-8
1
Phosphorus pentasulfide
1314-80-3
1
Phosphorus trichloride
7719-12-2
0.5
3
Phthalic anhydride
85-44-9
2
12
Picloram
Total Dust
Respirable Fraction
1918-02-1
10
5
Picric acid
88-89-1
0.1
X
Pindone (2-Pivalyl-1, 3-indan-dione)
83-26-1
0.1
Plaster of Paris
Total Dust
Respirable Fraction
26499-65-0
10
5
Platinum (Soluble Salts) as Pt
7440-06-4
0.002
Polychlorobiphenyls, see Chlorodiphenyls
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 24
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Portland Cement
Total Dust
Respirable Fraction
65997-15-1
10
5
Propane
74-98-6
1,000
1,800
Beta-Propiolactone
57-57-8
(See 437-004-
9090)
Propargyl alcohol
107-19-7
1
X
n-Propyl acetate
109-60-4
200
840
n-Propyl alcohol
71-23-8
200
500
n-Propyl nitrate
627-13-4
25
110
Propylene dichloride
78-87-5
75
350
Propylene glycol monomethyl ether
107-98-2
100
360
Propylene imine
75-55-8
2
5
X
Propylene oxide
75-56-9
100
240
Propyne, see Methyl acetylene
Pyrethrum
8003-34-7
5
Pyridine
110-86-1
5
15
Quinone
106-51-4
0.1
0.4
RDX (Cyclonite)
121-82-4
1.5
X
Rhodium, Metal fume and dusts,
as Rh
Soluble salts
7440-16-6
7440-16-6
0.1
0.001
Ronnel
299-84-3
10
Rosin core solder pyrolysis products
(as Formaldehyde)
0.1
Rotenone
83-79-4
5
Rouge
Total Dust
Respirable Fraction
10
5
Selenium compounds (as Se)
7782-49-2
0.2
Selenium hexafluoride (as Se)
7783-79-1
0.05
0.4
Silica
(See Table Z-3)
Silicon
Total Dust
Respirable Fraction
7440-21-3
10
5
Silicon carbide
Total Dust
Respirable Fraction
409-21-2
10
5
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 25
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Silver, metal and soluble compounds
(as Ag)
7440-22-4
0.01
Sodium fluoroacetate
62-74-8
0.05
X
Sodium hydroxide
1310-73-2
2
Starch
Total Dust
Respirable Fraction
9005-25-8
10
5
Stibine
7803-52-3
0.1
0.5
Stoddard solvent
8052-41-3
200
1,150
Strychnine
57-24-9
0.15
Styrene
100-42-5
(See Table Z-2)
Subtilisins (Proteolytic enzymes) (as
100% pure crystalline enzyme)
1395-21-7
(C) 0.0003
Sucrose
Total Dust
Respirable Fraction
57-50-1
10
5
Sulfur dioxide
7446-09-5
5
13
Sulfur hexafluoride
2551-62-4
1,000
6,000
Sulfuric acid
7664-93-9
1
Sulfur monochloride
10025-67-9
1
6
Sulfur pentafluoride
5714-22-7
0.025
0.25
Sulfur tetrafluoride
7783-60-0
0.1
0.4
Sulfuryl fluoride
2699-79-8
5
20
Systox, see Demeton®
2, 4, 5-T
93-76-5
10
Tantalum, metal and oxide dust
7440-25-7
5
TEDP (Sulfotepp)
3689-24-5
0.2
X
Tellurium and compounds (as Te)
13494-80-9
0.1
Tellurium hexafluoride (as Te)
7783-80-4
0.02
0.2
Temephos
Total Dust
Respirable Fraction
3383-96-8
10
5
TEPP (Tetraethyl pyrophosphate)
107-49-3
0.004
0.05
X
Terphenyls
26140-60-3
(C) 1
(C) 9
1, 1, 1, 2-Tetrachloro-2, 2-difluoro-ethane
76-11-9
500
4,170
1, 1, 2, 2-Tetrachloro-1, 2-difluoro-ethane
76-12-0
500
4,170
1, 1, 2, 2-Tetrachloroethane
79-34-5
5
35
X
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 26
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Tetrachloroethylene, see Perchloroethylene
Tetrachloronaphthalene
1335-88-2
2
X
Tetrachloromethane, see Carbon
tetrachloride
Tetraethyl lead (as Pb)
78-0-2
.075
X
Tetrahydrofuran
109-99-9
200
590
Tetramethyl lead (as Pb)
75-74-1
0.075
X
Tetramethyl succinonitrile
3333-52-6
0.5
3
X
Tetranitromethane
509-14-8
1
8
Tetryl (2, 4, 6-trinitro-phenyl-
methylnitramine)
479-45-8
1.5
X
Thallium (soluble compounds) as TI
7440-28-0
0.1
X
4,4’-Thiobis (6-tert, Butyl-m-cresol)
Total Dust
Respirable Fraction
96-69-5
10
5
Thiram
137-26-8
(See 437-004-
9720)
Tin (inorganic compounds, except oxides)
as Sn
7440-31-5
2
Tin (organic compounds)
7440-31-5
0.1
Tin oxide
Total Dust
Respirable Fraction
1332-29-2
10
5
Titanium dioxide
13463-67-7
10
Toluene (toluol)
108-88-3
(See Table Z-2)
Toluene diisocyanate (TDI),
584-84-9
(See Table Z-2)
o-Toluidine
95-53-4
5
22
X
Toxaphene, see Chlorinated camphene
Tributyl phosphate
126-73-8
5
1, 1, 1-Trichloroethane, see Methyl
chloroform
1, 1, 2-Trichloroethane
79-00-5
10
45
X
Trichloroethylene
79-01-6
(See Table Z-2)
Trichloromethane, see Chloroform
Trichloronaphthalene
1321-65-9
5
X
1, 2, 3-Trichloropropane
96-18-4
50
300
1, 1, 2-Trichloro 1, 2, 2-trifluoro-ethane
76-13-1
1,000
7,600
Triethylamine
121-44-8
25
100
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 27
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Trifluorobromomethane
75-63-8
1,000
6,100
Trimethyl benzene
25551-13-7
25
120
2, 4, 6-Trinitrophenol, see Picric acid
2, 4, 6-Trinitrophenylmethyl-nitramine, see
Tetryl
Trinitrotoluene (TNT)
118-96-7
1.5
X
Triorthocresyl phosphate
78-30-8
0.1
Triphenyl phosphate
115-86-6
3
Tungsten & compounds, as W
Soluble
Insoluble
7440-33-7
1
5
Turpentine
8006-64-2
100
560
Uranium (as U)
Soluble compounds
Insoluble compounds
7440-61-1
0.05
0.2
Vanadium respirable dust
(as V2O5)
Fume (as V2O5)
1314-62-1
1314-62-1
(C) 0.5
(C) 0.05
Vegetable oil mist
Total Dust
Respirable Fraction
10
5
Vinyl acetate
108-05-4
10
30
Vinyl benzene, see Styrene
Vinyl bromide
593-60-2
250
1,100
Vinyl chloride
(See 1910.1017)
75-01-4
Vinyl cyanide, see Acrylonitrile
Vinyl toluene
25013-15-4
100
480
Warfarin
81-81-2
0.1
Wood Dust (non-allergenic)
10
Xylene (o-, m-, p-isomers)
1330-20-7
100
435
Xylidine
1300-73-8
5
25
X
Yttrium
7440-65-5
1
Zinc chloride fume
7646-85-7
1
Zinc oxide
Total Dust
Respirable Fraction
1314-13-2
10
5
Zinc oxide fume
1314-13-2
5
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 28
437-004-9000 (5)
Substance
CAS No.
(c)
Ppm
(a)
Mg/m
3(b)
Skin
Zinc stearate
Total Dust
Respirable Fraction
557-05-1
10
5
Zirconium compounds (as Zr)
7440-67-7
5
Note: Bold print identifies substances for which the Permissible Exposure Limits (PELs) are different
than the federal Limits.
Note: PNOR means “particles not otherwise regulated.”
Table Z-1 Footnotes:
(a)
Parts of vapor or gas per million parts of contaminated air by volume at 25 degrees C and 760 torr.
(b)
Milligrams of substance per cubic meter of air. When entry is in this column only, the value is
exact; when listed with a ppm entry, it is approximate.
(c)
The CAS number is for information only. Enforcement is based on the substance name. For an
entry covering more than one metal compound, measured as the metal, the CAS number for the
metal is given - not CAS numbers for the individual compounds.
(d)
The benzene standard in 4/Z, OAR 437-004-9640 applies to all occupational exposures to benzene
except in some circumstances the distribution and sale of fuels, sealed containers and pipelines,
coke production, oil and gas drilling and production, natural gas processing, and the percentage
exclusion for liquid mixtures; for the excepted subsegments, the benzene limits in Table Z 2 apply.
See 4/Z, OAR 437-004-9640 for specific circumstances.
(e)
All inert or nuisance dusts, whether mineral, inorganic, or organic, not listed specifically by sub-
stance name are covered by the Particulates Not Otherwise Regulated (PNOR) limit that is the
same as the inert or nuisance dust limit of Table Z 3.
(f)
Usually a mixture, in general the aromatic hydrocarbon content will determine which TWA applies.
(g)
If the exposure limit in 1910.1026 is stayed or is otherwise not in effect, the exposure limit is a
ceiling of 0.1 mg/m3.
(h)
See Table Z-2 for the exposure limit for any operations or sectors where the exposure limit in
1910.1026 is stayed or is otherwise not in effect.
Oregon Table Z-2 Adopted Permissible Exposure Limits (PEL)
Substance
8-Hour Time-
Weighted
Average
Acceptable
Ceiling Con-
centration
Acceptable Max. Peak
Above the Acceptable
Ceiling Concentration for
an 8-Hour Shift
Skin
Concentrat
ion
Maximum
Duration
Benzene
(a)
(Z87.4-1969)
10 ppm
25 ppm
50 ppm
10 min.
Beryllium, and beryllium compounds
(Z37.29-1970)
2 µg/m
3
5 µg/m
3
25 µg/m
3
30 min.
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 29
437-004-9000 (5)
Substance
8-Hour Time-
Weighted
Average
Acceptable
Ceiling Con-
centration
Acceptable Max. Peak
Above the Acceptable
Ceiling Concentration for
an 8-Hour Shift
Skin
Concentrat
ion
Maximum
Duration
Cadmium fume
(b)
(Z37.5-1970)
0.1 mg/m
3
0.3 mg/m
3
Cadmium dust
(b)
(Z37.5-1970)
0.2 mg/m
3
0.6 mg/m
3
Carbon disulfide (Z37.3-1968)
20 ppm
30 ppm
100 ppm
30 min.
X
Carbon tetrachloride (Z37.17-1967)
10 ppm
25 ppm
200 ppm
5 min. in any
4 hrs
Chromic acid and chromates
(Z37.7-1971) (as CrO
3
)c
0.1 mg/m
3
Ethylene dibromide (Z37.31-1970)
20 ppm
25 ppm
50 ppm
5 min.
X
Ethylene dichloride (Z37.21-1969)
50 ppm
100 ppm
200 ppm
5 min. in any
3 hrs
Fluoride as dust (Z37.28-1969)
2.5 mg/m
3
Formaldehyde (see 1910.1048)
Hydrogen fluoride (Z37.28-1969)
3 ppm
Hydrogen sulfide (Z37.2-1966)
20 ppm
50 ppm
10 min.
once, only if
no other
measurable
exposure
occurs
Mercury (Z37.8-1971)
0.05 mg/m
3
0.1 mg/m
3
X
Methyl chloride (Z37.18-1969)
100 ppm
200 ppm
300 ppm
5 min. in any
3 hrs
Organo (alkyl) mercury
(Z37.30-1969)
0.001 mg/m
3
0.01 mg/m
3
X
Styrene (Z37.15-1969)
100 ppm
200 ppm
600 ppm
5 min. in any
3 hrs.
Tetrachloroethylene (Z37.22-1967)
100 ppm
200 ppm
300 ppm
5 min. in any
3 hrs.
Toluene (Z37.12-1967)
100 ppm
300 ppm
500 ppm
10 min.
Trichloroethylene (Z37.19-1967)
100 ppm
200 ppm
300 ppm
5 min. in any
2 hrs.
Diisocyanates
Dicyclohexylmethane 4,4’-
diisocyanate (hydrogenated MDI)
.055 mg/m
.005 ppm
0.210 mg/m
3
0.02 ppm
Diphenylmethane diisocyanate
(MDI)
.050 mg/m
3
.005 ppm
0.200 mg/m
3
0.02 ppm
Hexamethylene diisocyanate (HDI)
.035 mg/m
3
.005 ppm
0.140 mg/m
3
0.02 ppm
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9000 (5)
Z - 30
437-004-9000 (5)
Substance
8-Hour Time-
Weighted
Average
Acceptable
Ceiling Con-
centration
Acceptable Max. Peak
Above the Acceptable
Ceiling Concentration for
an 8-Hour Shift
Skin
Concentrat
ion
Maximum
Duration
1,6 Hexamethylene diisocyanated
Based Adduct (includes HDI-
Biuret trimer, and other polymeric
forms of HDI, including
isocyanurates)
0.5 mg/m
3
1.0 mg/m
3
Isophorone diisocyanate (IPDI)
.045 mg/m
3
.005 ppm
0.180 mg/m
3
0.02 ppm
Napthalene diisocyanate (NDI)
.040 mg/m
3
.005 ppm
0.170 mg/m
3
0.02 ppm
Note: Bold print identifies substances for which the Oregon Permissible Exposure Limits (PELs) are
different than the federal limits.
Table Z-2 Footnotes:
(a) This standard applies to the industry segments exempt from the 1 ppm 8-hour TWA and 5 ppm
STEL of the Benzene Standard, 4/Z, OAR 437-004-9640.
(b) This standard applies to any operations on sectors for which the Cadmium Standard, 4/Z, OAR
437-004-9620, is stayed or otherwise not in effect.
(c) This standard applies to any operations or sectors for which the exposure limit in the Chromium (VI)
standard, 1910.1026, is stayed or is otherwise not in effect.
Oregon Table Z-2 Permissible Exposure Limits (PEL-TWA) for MINERAL DUSTS
Substance
mppcf (
a
)
mg/m
3
Silica:
Crystalline
0.1
(e)
Quartz (respirable)
Quartz (total dust)
2%
/30
2
3
+SiO
mmg
Cristobalite (Respirable)
0.05
Tridymite: Use 1/2 the value calculated from the
formulae for quartz.
Amorphous, including natural diatomaceous earth
20
2
3
%
/80
SiO
mmg
Silicates (less than 1 percent crystalline silica):
Mica
20
Soapstone
20
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9000 (5)
Z - 31
437-004-9000 (5)
Substance
mppcf (
a
)
mg/m
3
Talc (not containing asbestos)
20
(c)
Talc (containing asbestos) Use asbestos limit.
Tremolite, asbestiform (see OAR 437-004-9050,
Asbestos)
Portland cement
50
Graphite (Natural)
5
Coal Dust:
Respirable fraction less than 5% SiO
2
2.4
(e) (f)
Coal Dust:
Respirable fraction greater than 5% SiO
2
0.1
(e)
Inert or Nuisance Dust (PNOR):
(d)
Respirable fraction
5
Total dust
10
Note: Bold print identifies substances for which the Oregon Permissible Exposure Limits (PEL-
TWAs) are different than the federal limits.
Conversion factors: mppcf x 35.3 = million particles per cubic meter = particles per c.c.
Table Z-3 Footnotes:
(a)
Millions of particles per cubic foot of air, based on impinger samples counted by light field
techniques.
(b)
The percentage of crystalline silica in the formula is the amount determined from airborne samples,
except in those instances in which other methods are applicable.
(c)
Containing less than 1 percent quartz; if 1 percent quartz or more, use quartz limit.
(d)
All inert or nuisance dusts, whether mineral, inorganic, or organic, not listed specifically by sub-
stance name are covered by this limit, which is the same as the Particulates Not Otherwise
Regulated (PNOR) limit in Table Z-1.
(e)
Calculate both concentration and percent quartz for the application of this limit from the fraction
passing a size-selector with the following characteristics.
(f)
The measurements under this note refer to the use of an AEC (now NRC) instrument. If the
respirable fraction of coal dust is determined with a MRE the figure corresponding to that of 2.4
mg/m
3
in the table for coal dust is 4.5 mg/m
3
.
Statutory Authority: ORS 654.025(2), 654.035 and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
Oregon OSHA Administrative Order 4-2001, filed 2/5/01, effective 2/5/01.
Oregon OSHA Administrative Order 9-2001, filed 9/14/01, effective 9/14/01.
Oregon OSHA Administrative Order 6-2006, filed 8/30/06, effective 8/30/06.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
Oregon OSHA Administrative Order 11-2021, filed 9/1/21, effective 9/1/22
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9010
Z - 32
437-004-9050
437-004-9010 Fumigated Areas
(1) Scope: Covers pesticides which when applied, forms a gas to control pests.
(2) Definitions:
(a) Types of fumigants include aluminum phosphide, methyl bromide, chloropicrin,
1,3-D (Telone), dazomet, metam sodium and iodomethane.
(b) Types of fumigations include soil, space (warehouse), vertical storage, flat
storage, tarpaulin, spot (includes grain handling equipment, empty tanks and
empty silos), chamber, vehicle and rodent burrows.
(3) All work with fumigants must follow the instructions and precautions in the
manufacturer’s application manual and on the product label and MSDS.
(4) All entry points into fumigated interior areas must have signs that identify the area as
fumigated and prohibit entry.
(5) Leave the signs posted according to the instructions of the manufacturer of the
fumigating chemical or until the hazard resulting from the fumigation is gone, whichever
is the longer time.
(6) After fumigation, there must be a way to aerate the fumigated area without
contaminating other areas where there are employees.
(7) If the fumigation process requires the worker to be in the fumigated area, there must be
at least one other person present to assist during an emergency. That person must
have the same training and access to the same personal protective equipment as the
first worker.
(8) Fumigation chambers or areas must not allow the toxic fumigants to escape or
otherwise enter other areas where they can be hazardous to other workers.
(9) If the fumigant concentration can exceed 10 percent of the lower explosive limit (LEL),
all electrical equipment, fittings, and connections must be vapor proof.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 9-2006, filed 9/22/06,effective 9/22/06.
437-004-9050 Asbestos
Definitions:
Asbestos includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite
asbestos, actinolite asbestos and any of these minerals that have been chemically
treated or altered.
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437-004-9050 (4)
Asbestos-containing material (ACM) means any material containing more than 1%
asbestos.
Presumed asbestos containing material (PACM) means thermal system insulation and
surfacing material found in buildings constructed no later than 1980. The designation of
a material as “PACM” may be rebutted pursuant to Division 2/Z, 1910.1001(j)(8).
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in a potential exposure to asbestos.
(2) Work that exposes employees to asbestos must comply with Division 4/Z, 1910.1001,
Asbestos; except that construction activities exposing employees to asbestos must
comply with Division 3/Z, 1926.1101, Asbestos.
Note: Construction activities are building, altering and repairing, and include painting.
(3) The employer must periodically examine all asbestos-containing material in the
workplace to ensure that there is no deterioration or damage that could cause employee
exposure.
(4) If you find damage or deterioration, the material must be repaired, encapsulated, or
removed consistent with the requirements in Division 3/Z, 1926.1101, Asbestos.
Notes: Tasks or work activities that could expose employees to asbestos include the following:
Housekeeping or maintenance activities on workplace surfaces or systems with asbestos
containing materials (examples include flooring, ceiling tiles, roofing, siding, boilers, heaters,
insulation, and fireproofing);
Inspection, disassembly, repair and assembly of automotive or farm vehicle brakes and
clutches;
Demolition or salvage of structures where asbestos-containing materials are present;
New construction, alteration, or renovation of structures, substrates, or portions thereof with
asbestos-containing materials; and,
Routine or emergency cleanup of asbestos-containing materials.
Employers who have pipe systems that are insulated with asbestos-containing materials in
their workplaces, must also comply with Division 4/Z, OAR 437-004-9850, Pipe Labeling.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Admin. Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
Z
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Oregon Occupational Safety and Health Division
437-004-9090
Z - 34
437-004-9600 (2)
437-004-9090 13 Carcinogens
Definitions:
The 13 carcinogens are:
4-Nitrobiphenyl, CAS 92-93-3;
alpha-Naphthylamine, CAS 134-32-7;
Methyl chloromethyl ether, CAS 107-30-2;
3,3-Dichlorobenzidine (and its salts), CAS 91-94-1;
bis-Chloromethyl ether, CAS 542-88-1;
beta-Naphthylamine, CAS 91-59-8;
Benzidine, CAS 92-87-5;
4-Aminodiphenyl, CAS 92-67-1;
Ethyleneimine, CAS 151-56-4;
beta-Propiolactone, CAS 57-57-8;
2-Acetylaminoflourene, CAS 53-96-3;
4-Dimethylaminoazo-benzene, CAS 60-11-7; and
N-Nitrosodimethylamine, CAS 62-75-9.
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in potential exposure to any of the 13 carcinogens.
(2) Work that exposes employees to any of the 13 carcinogens must comply with Division
2/Z, 1910.1003, 13 Carcinogens.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Admin. Order 4-1998, f/8/28/98,effective 10/1/98.
Oregon OSHA Admin. Order 4-2012, filed 9/19/12,effective 1/1/13.
437-004-9600 Lead
Definition:
Lead means elemental, metallic lead (chemical formula Pb), all inorganic lead
compounds, and organic lead soaps. All other organic lead compounds are
excluded.
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in a potential exposure to lead.
(2) Work that exposes employees to lead must comply with Division 2/Z, 1910.1025, Lead;
except that construction activities exposing employees to lead must comply with
Division 3/D, 1926.62, Lead.
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Division 4
437-004-9600 (2)
Z - 35
437-004-9626
Notes:
Construction activities are building, altering and repairing and include painting.
Tasks or work activities that could expose employees to lead include:
Demolition or salvage of structures where lead-containing materials are present;
New construction, alteration, or renovation of structures, substrates, or portions thereof with
lead-containing materials;
Routine or emergency cleanup of lead-containing materials;
Using lead-containing paints or pigments;
Cutting, brazing, burning, heating, grinding or welding surfaces with lead-containing paints or
pigments; and
Soldering with lead-containing solder.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 9-2006, filed 9/22/06,effective 9/22/06.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
437-004-9620 Cadmium
Definition:
Cadmium means the element cadmium (Cd) and all cadmium compounds.
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in a potential exposure to cadmium.
(2) Work that exposes employees to cadmium must comply with Division 2/Z 1910.1027,
Cadmium; except that construction activities exposing employees to cadmium must
comply with Division 3/Z, 1926.1127, Cadmium.
Note: Construction activities are building, altering, and repairing and include painting.
Statutes Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
437-004-9626 Chromium (VI)
Definition:
Chromium (VI) [hexavalent chromium or Cr(VI)] means chromium with a valence of
positive six, in any form and in any compound.
Z
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Oregon Occupational Safety and Health Division
437-004-9626 (1)
Z - 36
437-004-9640 (3)
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in a potential exposure to hexavalent chromium.
(2) Work that exposes employees to hexavalent chromium must comply with Division 2/Z
1910.1026, Chromium (VI); except that construction activities exposing employees to
hexavalent chromium must comply with Division 3/Z, 1926.1126, Chromium (VI).
Note: Construction activities are building, altering and repairing and include painting.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
437-004-9640 Benzene
Definition:
Benzene (Chemical formula C6H6, CAS 71-43-2) means liquefied or gaseous benzene and
includes benzene in liquid mixtures and benzene vapors released by these liquids. It
does not include trace amounts of unreacted benzene in solid materials.
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in a potential exposure to benzene.
(2) Tasks or activities within the scope of the Division 2, Benzene rule must comply with
Division 2/Z, 1910.1028, Benzene.
(3) Tasks or activities that are not within the scope of the Division 2, Benzene rule must
comply with the permissible exposure limits listed in Division 4/Z, OAR 437-004-9000,
Table Z-2.
Notes: An example of a task or activity that is within the scope of the Division 2, Benzene rule is an
employee dispensing gasoline or motor fuels containing benzene for more than 4 hours per day
in an indoor location.
Examples of task or activities that are NOT within the scope of the Division 2, Benzene rule include:
The storage, transportation, distribution, dispensing, sale or use of gasoline, motor fuels, or
other fuels containing benzene after final discharge from bulk wholesale storage facilities.
The storage, transportation, distribution or sale of benzene or liquid mixtures containing more
than 0.1 percent benzene in intact containers while sealed in a way to contain benzene vapors
or liquid.
Statutes Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9650
Z - 37
437-004-9650 (2)
437-004-9650 Bloodborne Pathogens
Definitions:
Blood means human blood, human blood components and products made from human
blood.
Bloodborne Pathogens means pathogenic micro-organisms that are present in human
blood and can cause disease in humans. These pathogens include, but are not
limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).
Contaminated means the presence or the reasonably anticipated presence of blood or
other potentially infectious materials on an item or surface.
Occupational exposure means reasonably anticipated skin, eye, mucous membrane,
or parenteral contact with blood or other potentially infectious materials that may
result from the performance of an employee’s duties.
Other Potentially Infectious Materials means:
Human body fluids with visible contamination of blood, and all body fluids in
situations where it is difficult or impossible to differentiate between body fluids;
Any unfixed tissue or organ (other than intact skin) from a human (living or dead);
and
HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing
culture medium or other solutions; and blood, organs, or other tissues from
experimental animals infected with HIV or HBV.
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in an occupational exposure to bloodborne pathogens.
(2) Work that exposes employees to bloodborne pathogens must comply with Division 2/Z,
1910.1030, Bloodborne Pathogens.
Note: Examples of tasks or work activities with a potential for occupational exposures to bloodborne
pathogens in agricultural workplaces include:
Employees performing janitorial duties that include cleaning up human blood or OPIM;
Employees who are required, as part of their job duties, to administer first aid to others that
could include contact with another person’s blood or OPIM.
Statutes Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9710
Z - 38
437-004-9720 (1)(b)
437-004-9710 Acrylonitrile
Definition.
Acrylonitrile or “AN” (Chemical formula CH2=CHCN, CAS 107-13-1) means
acrylonitrile monomer and includes Liquid AN.
Liquid AN means acrylonitrile monomer in liquid form, and liquid or semi-liquid polymer
intermediates, including slurries, suspensions, emulsions, and solutions, made
during the polymerization of AN.
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in a potential exposure to acrylonitrile.
(2) Work that exposes employees to acrylonitrile must comply with Division 2/Z, 1910.1045,
Acrylonitrile.
Note: The Division 2 Acrylonitrile rule does not apply to exposures which result solely from the
processing, use, and handling of the following materials:
ABS resins, SAN resins, nitrile barrier resins, solid nitrile elastomers, and acrylic and
modacrylic fibers, when these listed materials are in the form of finished polymers, and
products fabricated from such finished polymers;
Materials made from and/or containing AN for which objective data is reasonably relied upon
to demonstrate that the material is not capable under the expected conditions of processing,
use, and handling which will cause the greatest possible release of releasing AN in airborne
concentrations in excess of 1 ppm as an 8-hour time-weighted average, or
Solid materials made from and/or containing AN which will not be heated above 170 degrees
F. during handling, use, or processing.
Statutes Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
437-004-9720 Thiram
(1) Scope and application.
(a) These rules apply where worker exposure to thiram may occur during
manufacture, storage, packaging, tree application, treated seedling handling, or
use of thiram or thiram treated seedlings.
(b) These rules apply to the transportation of thiram or thiram treated trees except to
the extent that the U. S. Department of Transportation may regulate the hazards
covered by these rules.
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9720 (2)
Z - 39
437-004-9720 (3)(c)(D)
(2) Definitions.
Clean The absence of dirt or materials that may be harmful to a worker’s health.
Large seedlings Seedlings long enough or wide enough that during normal planting
avoiding mouth of face contact with the thiram treated plant is difficult.
(3) General requirements.
(a) Permissible exposure limits.
(A) Do not expose workers to thiram at atmospheric concentrations more than
0.15 mg/m3 over any 8-hour period; and
(B) Do not expose workers to thiram at atmospheric concentrations more than
0.30 mg/m3 averaged over any period not longer than 15 minutes.
(C) Workers must not work more than 5 days in any 7-day period with or around
thiram or thiram treated seedlings.
(D) Paragraph (3)(a)(C) above is not applicable if there is a specific thiram
control program, beyond these rules and approved by the Administrator.
(b) Washing and worker hygiene.
(A) Workers must wash their hands before eating or smoking and when done
working.
(B) At fixed work sites or planting units, provide warm (at least 85 degrees F,
29.4 degrees C) wash water and single use hand wiping materials for
washing.
(C) Where warm water is not available within, or the means to access within, a
15 minutes travel time, provide clean water, soap and single-use towels.
(D) Advise every planter or nursery worker to bathe or shower daily.
(E) Wash or vacuum and wipe down the inside of crummies or other worker
carrying vehicles at least weekly during thiram use.
(c) Personal protective measures.
(A) Workers must wear clothing that reduces skin contact with thiram on the
legs, arms and torso.
(B) For those workers with thiram skin irritations, protect exposed areas with a
suitable barrier cream.
(C) Workers may wear only impervious gloves.
(D) Workers’ hands must be clean of thiram before placing them into gloves.
Z
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
437-004-9720 (3)(d)(E)
Z - 40
437-004-9720 (3)(f)
(E) Provide nursery applicators with approved respirators, disposable coveralls
or rubber slickers or other impervious clothing, rubberized boots, head
covers and rubberized gloves. They must use the respirators according to
4/I, OAR 437-004-1040, Respiratory Protection.
(F) Other than applicators, nursery workers who may suffer thiram exposure
must have and use disposable coveralls or rubber slickers or other
impervious clothing, impervious footwear and gloves, and head covers
unless they use showers that comply with 4/J, OAR 437-004-1105,
Sanitation.
(G) Provide eye protection that complies with 4/I, OAR 437-004-1035. Workers
exposed to thiram such as during spraying, plug bundling, belt line grading
and plugging or other operations must wear this eye protection.
(d) Respiratory protection.
(A) When worker exposure is more than the Permissible Exposure Limit (PEL),
provide them with applicable, certified respiratory protection approved by
NIOSH.
(B) Use and maintain respirators according to 4/I, OAR 437-004-1041,
Respiratory Protection.
(C) Workers must wear respirators when planting large seedlings to avoid mouth
and face contact with the thiram treated plant unless they use equally
effective measures or planting practices.
(e) Food handling.
(A) Do not store or consume food, snacks, beverages, smoking materials, or any
similar items in the packing area of the nursery.
(B) Crummies or other worker carrying vehicles must have a clean area for
carrying lunches.
(C) The clean area of the vehicle must be above from the floor and not used to
carry other than food or other consumable items.
(D) Do not carry lunches, food or other consumable items in tree planting bags.
(E) Minimize or eliminate worker exposure to thiram spray, including downwind
driftings.
(F) Workers must stand upwind when burning bags that contained thiram or
thiram treated seedlings.
(f) Thiram use and handling.
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9720 (3)(f)(A)
Z - 41
437-004-9720 (3)(g)(B)
(A) Nurseries must develop a quality control program approved by the
Administrator to ensure that they apply only the minimum amount of thiram
necessary to achieve the desired anti-browsing results to the tree seedlings.
(B) Thiram treated seedlings must set between the time of spraying and packing.
(C) Keep seedlings moist during packing and when possible during planting.
(D) Vacuum or wash floors daily where thiram is used, do not sweep them.
(E) Remove silica chips covering seedling plugs at the nursery.
(g) Labeling.
(A) Rules enforced by the Oregon Department of Agriculture, or the U.S.
Environ- mental Protection Agency (EPA), about the labeling of thiram
treated seedlings, apply.
(B) If the Oregon Department of Agriculture, or EPA, has no thiram labeling
rules, each container, bundle or wrapping of thiram treated seedlings must
have a clearly legible and visible tag or label, of waterproof material and
printing, on which is the following in English and Spanish:
CAUTION
These seedlings are treated with an animal repellent containing
Thiram (tetra- methyl thiuram disulfide) that may flake off during
handling. Consumption of alcoholic beverages or use of alcohol-
base creams or lotions during a time span from 12 hours before to
7 days after exposure to Thiram may result in nausea, headache,
vomiting, fatigue, or flushness. Exposure to Thiram may also
cause irritation of the eyes, nose, throat, or skin.
Thiram may interfere with or render ineffective medications taken
by epileptics or heart patients with blood-clotting difficulties.
Animal studies at very high concentrations (more than 250 mg/kg)
suggest that Thiram may cause birth defects.
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9720 (3)(g)(B)
Z - 42
437-004-9720 (3)(g)(B)
SAFETY PRECAUTIONS
1. Keep treated seedlings moist.
2. Wear clothing to reduce skin contact with Thiram to the legs,
arms and torso.
3. A fiber or cloth face mask (respirator) may be worn at the
planter’s discretion, except that when planting large seedlings,
you must wear a respirator to avoid mouth and face contact
with thiram treated plants, unless you use equally effective
measures
4. Wash exposed skin areas thoroughly after handling treated
seedlings and before smoking, drinking, eating or going to the
bathroom.
5. If Thiram flakes contact eyes, immediately flush eyes freely with
water.
6. Bathe daily and change work clothes at least every other day.
PRECAUCION
Estas plantas han sido tratadas con un replente contra animales
que tiene la substacia Thiram (tetramethyl thiuram disulfide) que
puede desaparecer en manoseo. La consuncion de bebidas
alcoholicas o el uso de cremas o lociones con base de alcohol
dentro de 12 horas antes de ser expuesto o hasta 7 dias despues
de ser expuesto a Thiram puede resultar en sintomas de nausea,
dolor de cabeza, vomito, faiga o rubor. Contacto con Thiram
puede causar irritacion de los ojos, nariz, garganta o piel.
Thiram puede interferir o desvalidar en completa las medicinas de
los epilepticos o personas con condiciones de la corazon con
dificultades de coagulacion de la sangre. Estudios con animals
en concentraciones muy altas (mas que 250 mg/ kg) indican que
Thiram puede causar desformaciones fetales. Sin que cuando se
sembra plantas de semillas grandes macaras estaran requerido a
evitar contacto con la boca y la cara con plantas tratado con
Thiram excepto cuando otros metodos igualmente efecaz estarah
usados.
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9720 (3)(g)(B)
Z - 43
437-004-9720 (3)(h)(D)
MEDIAS DE PRECAUCION
1. Guardar mojados las platas siempre.
2. El trabajador necesita usar ropa para reducir el contacto de
Thiram con las piernas, brazos, y el torso.
3. Una máscara de fibre o garra (mascara) se puede usar a la
discrecion del plantador.
4. Lavese bien los parten expuestos cuando trate los semillos
antes de fumar, tomar, comer e ir al bano.
5. Se acaso el Thiram cae en sus ojos, imediatamente lavese los
ojos libremente con agua.
6. Banese todos los dias y cambiese de ropa de trabajo por lo
menos cada otro dia.
(C) Other containers or thiram handling areas must have signs and labels that
comply with 4/J, OAR 437-004-1150 and 1180.
(h) Training.
(A) Where exposures to thiram may occur, train each worker about the hazards
of thiram and precautions for its safe use and handling.
(B) The training must be approved by the Administrator.
(C) The training must include:
(i) The health hazard(s) of chronic exposure to thiram including the
potential for birth defects, alcohol intolerance, and drug interaction.
(ii) The specific nature of work that could result in exposure to thiram and
the necessary protective steps;
(iii) The purpose for, proper use, and limitations of protective devices
including respirators and clothing;
(iv) The acute toxicity and skin irritation effects of thiram, and the necessary
protective steps;
(v) The need for and requirements of excellent personal hygiene;
(vi) A review of the thiram rules at the worker’s first training and
indoctrination, and annually thereafter.
(D) Give each worker a copy of these thiram rules.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9720 (3)(h)(D)
Z - 44
437-004-9780
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 9-2006, filed 9/22/06,effective 9/22/06.
437-004-9740 Ethylene Oxide
Definition:
Ethylene oxide or EtO means the organic compound with chemical formula C2H4O,
and CAS 75-21-8.
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in a potential exposure to ethylene oxide.
(2) Work that exposes employees to ethylene oxide must comply with Division 2/Z,
1910.1047, Ethylene Oxide.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
437-004-9760 Formaldehyde
Definition:
Formaldehyde means the substance with chemical formula HCHO and CAS 50-00-0.
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in a potential exposure to formaldehyde.
(2) Work that exposes employees to formaldehyde must comply with Division 2/Z,
1910.1048, Formaldehyde.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
437-004-9780 Methylenedianiline
Definition:
Methylenedianiline or “MDA” means the chemical substance 4,4’-Diaminodiphenyl-
methane (CAS 101-77-9), in the form of a vapor, liquid, or solid, including the salts
of MDA.
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9780 (1)
Z - 45
437-004-9791 (1)(a)(D)
See Note about AQI update
(1) The employer is responsible to determine, before work begins, if any task or activity
assigned to workers will result in potential exposure to Methylenedianiline.
(2) Work that exposes employees to MDA must comply with Division 2/Z, 1910.1050,
Methylenedianiline, except that construction activities exposing employees to MDA must
comply with Division 3/D, 1926.60, Methylenedianiline.
Note: Construction activities are building, altering and repairing and include painting.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98,effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12,effective 1/1/13.
437-004-9791 Protection from Wildfire Smoke
Note: Oregon OSHA recognizes that occupational wildfire smoke exposures can occur in particularly
dynamic situations. Employers must address such hazards based on the information available to them
through the exercise of reasonable diligence.
(1) Scope and application. This standard applies to public and private sector employers
whose employees are or will be exposed to wildfire smoke where the ambient air
concentration for fine particulate matter (PM2.5) is at or above 35.5 µg/m3 (Air Quality
Index value of 101 for PM2.5)
(a) The following workplaces and operations are exempt from this standard:
(A) Enclosed buildings and structures in which the air is filtered by a mechanical
ventilation system and the employer ensures that windows, doors, bays, and
other exterior openings are kept closed, except when it is necessary to briefly
open doors to enter or exit;
(B) Enclosed vehicles in which the air is filtered by a properly maintained cabin
air filter system, and when the windows, doors, and other exterior openings
are kept closed, except when it is necessary to briefly open doors to enter or
exit. Buses, light rails, and other enclosed vehicles used for public transit
systems where doors are frequently opened to board and deboard
passengers are not included under this exemption;
(C) When the employer predetermines that operations will be suspended to
prevent employee exposure to wildfire smoke at an ambient air concentration
for PM2.5 of 35.5 µg/m3 (AQI 101) or higher; and
(D) Employees working at home.
Z
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Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9791 (1)(b)
Z - 46
437-004-9791 (2)(d)
(b) The following workplaces and operations are only subject to subsections (4)(a)
through (4)(g) “information and training,” and subsection (7)(b) “voluntary use of
filtering facepiece respirators” under this standard:
(A) Wildland firefighting and associated support activities such as fire camp
services and fire management;
(B) Emergency operations that are directly involved in the protection of life or
property, public safety power shutoffs, or restoration of essential services,
such as evacuation, rescue, medical, structural firefighting, law enforcement,
utilities, and communications; and
(C) Work activities involving only intermittent employee exposure of less than 15
minutes in an hour to an ambient air concentration for PM2.5 at or above
35.5 µg/m3 (AQI 101) for a total exposure of less than one hour in a single
24-hour period.
(2) Definitions.
(a) Air Quality Index The Air Quality Index (AQI) was developed by the U.S.
Environmental Protection Agency (EPA) as an indicator of overall air quality and is
based on the five criteria pollutants regulated under the Clean Air Act: ground-level
ozone, particulate matter, carbon monoxide, sulfur dioxide, and nitrogen dioxide.
(b) NIOSH The National Institute for Occupational Safety and Health of the United
States Centers for Disease Control and Prevention. NIOSH tests and approves
respirators for use in the workplace.
(c) PM2.5 Solid particles and liquid droplets suspended in air, known as fine
particulate matter, with an aerodynamic diameter of 2.5 micrometers or smaller
and measured in micrograms per cubic meter (µg/m3).
(d) Sensitive groups Individuals with pre-existing health conditions and those who
are sensitive to air pollution who are among those likely to experience health
problems from exposure to wildfire smoke. Examples of sensitive groups include:
people with lung disease such as asthma or chronic obstructive pulmonary
disease (COPD), including bronchitis and emphysema, and those who smoke;
people with respiratory infections, such as pneumonia, acute bronchitis,
bronchiolitis, cold, flu, or those recovering from severe respiratory illness; people
with existing heart or circulatory problems, such as irregular heartbeat, congestive
heart failure, coronary artery disease, angina, and those who have had a heart
attack or stroke; children under 18 years old, and adults over age 65; pregnant
women; people with diabetes; and people with other medical or health conditions
which can be exacerbated by exposure to wildfire smoke as determined by a
physician or other licensed healthcare provider.
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9791 (2)(e)
Z - 47
437-004-9791 (4)(a)(C)
(e) Wildfire smoke Emissions from unplanned fires in wildlands, which may include
adjacent developed and cultivated areas to which the fire spreads or from where it
originates.
(f) Wildlands Uncultivated and sparsely populated geographical areas covered
primarily by grass, brush, trees, slash, or a combination thereof.
(3) Exposure assessment. Monitor employee exposure to wildfire smoke when employees
are, or are likely to be, exposed to an ambient air concentration for PM2.5 at or above
35.5 µg/m3 (AQI 101). This monitoring must be performed at the start of each shift, and
as needed, to comply with the applicable requirements of sections (6) and (7) of this
standard, by using one or more of the following methods:
(a) Check the current average and forecasted AQI value for PM2.5 from the Oregon
Department of Environmental Quality, U.S. EPA AirNow or Interagency Wildland
Fire Air Quality Response Program websites, or equivalent source;
(b) Check notifications of air quality advisories due to wildfire smoke issued by the
Oregon Department of Environmental Quality or local government health
agencies;
(c) Directly measure workplace ambient air concentration for PM2.5 in accordance
with the testing device manufacturer’s user instructions; or
(d) If the employer determines and can demonstrate that none of the methods in
subsections (3)(a) through (3)(c) of this standard are available for their work
location, the employer can then use the 5-3-1 Visibility Index provided in Appendix
B, Table 1 of this standard to estimate the current air concentration for PM2.5, and
equivalent AQI value, during daylight hours.
(4) Information and training. Provide wildfire smoke training to all employees, including new
employees, supervisory and non-supervisory employees, who may be exposed to an
ambient air concentration for PM2.5 at or above 35.5 µg/m3 (AQI 101). The training
must be provided annually before employees are exposed in a language and
vocabulary readily understood, and in a manner that facilitates employee feedback. The
training must include at least the following information:
(a) The symptoms of wildfire smoke exposure:
(A) Eyes: burning sensations, redness, and tearing of the eyes caused by
irritation and inflammation of the eyes that can temporarily impair one’s
vision;
(B) Respiratory system: runny nose, sore throat, cough, difficulty breathing, sinus
irritation, wheezing, shortness of breath; and
(C) Fatigue, headache, irregular heartbeat, chest pain.
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AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9791 (4)(b)
Z - 48
437-004-9791 (5)
(b) The potential acute and chronic health effects from wildfire smoke exposure,
including increased health risks to “sensitive groups” as defined in subsection
(2)(d) of this standard, and how chronic exposures can increase the risk of
cardiovascular disease and can exacerbate an individual’s asthma;
(c) Each employee’s right to report health issues related to wildfire smoke exposure
and obtain medical treatment for such workplace exposures without fear of
retaliation;
(d) How employees can obtain the current average and forecasted ambient air
concentration for PM2.5 and equivalent AQI value for their work location;
(e) The importance, limitations, and benefits of using a filtering facepiece respirator,
that is provided by the employer at no cost to the employee to reduce exposure to
wildfire smoke, and how to use and maintain their filtering facepiece respirator;
(f) The employer's methods to protect employees from wildfire smoke as required by
section (7) of this standard, including how filtering facepiece respirators are
required to be made readily accessible to employees for voluntary use when
workplace ambient air concentration for PM2.5 is at or above 35.5 µg/m3 (AQI
101), and how employees can obtain such respirators before exposure and
replace them when needed;
(g) Review of any job tasks performed by employees that the use of a filtering
facepiece respirator would expose the wearer to a hazard associated with a
substantially more serious injury or illness than the potential acute health effects of
wildfire smoke exposure, and must not be used when performing such tasks;
(h) The procedures supervisors must follow when an employee reports or exhibits
health symptoms that necessitate immediate medical attention such as, but not
limited to, asthma attacks, difficulty breathing, and chest pain;
(i) How to operate and interpret exposure results based on any PM2.5 monitoring
device used by the employer in compliance with this standard; and
(j) An explanation of the employer's two-way communication system for wildfire
smoke exposure control information as required by section (6) of this standard.
(5) Training documentation. Verify supervisor and employee training required under section
(4) of this standard by preparing a written or electronic record that includes at least the
name or identification number of each employee trained, the date(s) of the training(s),
and the name of the person(s) who conducted the training. The most recent annual
training record for each employee must be maintained for one year.
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9791 (6)
Z - 49
437-004-9791 (7)(a)(B)
(6) Employer two-way communication. Before employees are exposed to an ambient air
concentration of PM2.5 at or above 35.5 µg/m3 (AQI 101), develop and implement a
two-way system to communicate wildfire smoke information between supervisors and
employees. At a minimum, this communication system must include:
(a) A means to notify exposed employees of any changes in the air quality at their
work location that would necessitate an increase or decrease in the level of
exposure controls required in section (7) of this standard; and
(b) A means to enable and encourage employees to inform their employer or
supervisor of at least the following:
(A) Any changes in the air quality at their work location that could necessitate an
increase or decrease in the level of exposure controls required by section (7)
of this standard;
(B) Any availability issues of appropriate exposure control measures required by
section (7) of this standard; and
(C) Any health symptoms that may be the result of wildfire smoke exposure and
that could necessitate medical attention.
Note: The employer’s emergency medical plan provisions to comply with Division 4,
Subdivision K, OAR 437-004-1305(4), must address the types medical situations
that employees could encounter, including those conditions relating to wildfire
smoke exposure.
(7) Exposure controls.
(a) Engineering and administrative controls. Implement engineering and
administrative controls to reduce employee PM2.5 exposure to less than 35.5
µg/m3 (AQI 101), unless the employer can demonstrate that such controls are
functionally impossible, or would prevent the completion of work.
(A) Appropriate engineering controls may include, but are not limited to,
temporarily relocating outdoor workers to available indoor areas or vehicles
where the air is adequately filtered, or using portable air purifiers equipped
with HEPA filters (or similar high-efficiency air filters) that are sufficient in
number and performance for the size of the enclosed area where used.
(B) Appropriate administrative controls may include, but are not limited to,
temporarily relocating outdoor work operations to another outdoor location
with better air quality when work permits, and changing employee work
schedules to when better air quality is forecasted.
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Chemicals/Toxins
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AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9791 (7)(b)
Z - 50
437-004-9791 (7)(c)
(b) Voluntary use of filtering facepiece respirators. Whenever employee exposure to
PM2.5 is at or above 35.5 µg/m3 (AQI 101), even after the implementation of
engineering and administrative controls, ensure that appropriate NIOSH-approved
filtering facepiece respirators are provided to employees for voluntary use, strictly
for protection against wildfire smoke, when such use would not expose the wearer
to a hazard associated with a substantially more serious injury or illness than the
potential acute health effects of wildfire smoke exposure. Ensure that such
respirators are:
(A) Provided and replaced as needed at no cost to employees by either:
(i) Distributing filtering facepiece respirators directly to each exposed
employee; or
(ii) Maintaining a sufficient supply of filtering facepiece respirators that is
readily accessible and known to any exposed employee at each work
location. This respirator supply must be in a location that does not
restrict or hinder employee access to respirators or discourage the
replacement of a respirator when needed.
(B) Stored and maintained so that they do not present a health hazard to the
user.
Note: Voluntary use of filtering facepiece respirators under subsection (7)(b) in this
standard is not subject to the requirements under the Respiratory Protection
Standard OAR 437-004-1041.
Note: Employer supplies of NIOSH-approved filtering facepiece respirators for voluntary
use should include an adequate size selection for exposed employees.
(c) Required use of filtering facepiece respirators in accordance with a Wildfire Smoke
Respiratory Protection Program. Whenever employee exposure to PM2.5 is at or
above 200.9 µg/m3 (AQI 251), even after the implementation of engineering and
administrative controls, ensure that employees wear appropriate NIOSH-approved
filtering facepiece respirators when such use would not expose the wearer to a
hazard associated with a substantially more serious injury or illness than the
potential acute health effects of wildfire smoke exposure. When such filtering
facepiece respirators are provided and used strictly for protection against wildfire
smoke, the employer may implement and follow the Wildfire Smoke Respiratory
Protection Program as described in Appendix A of this standard in lieu of
conducting medical evaluations and fit testing, which are otherwise required under
the Respiratory Protection Standard OAR 437-004-1041.
See Note about AQI update
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9791 (7)(d)
Z - 51
437-004-9791 (7)(d)
(d) Required use of respirators in accordance with the Respiratory Protection
Standard OAR 437-004-1041. Whenever employee exposure to PM2.5 is at or
above 500.4 µg/m3 (AQI 501), even after the implementation of engineering and
administrative controls, ensure that employees wear appropriate NIOSH-approved
respirators that protects wearers from PM2.5 when such use would not expose the
wearer to a hazard associated with a substantially more serious injury or illness
than the potential acute health effects of wildfire smoke exposure. For respirators
used exclusively to protect employees from wildfire smoke concentrations of
PM2.5 at or above 500.4 µg/m3 (AQI 501), develop and implement a complete
Respiratory Protection Program in accordance with OAR 437-004-1041,
Respiratory Protection.
Note: The requirements of subsections (7)(c) and (7)(d) do not apply to occupants of employer-
provided housing while they are inside the housing.
Note: Elastomeric respirators are distinct from filtering facepiece respirators. If elastomeric
respirators are used to reduce employee exposure to wildfire smoke at any PM2.5
concentration, employers must comply with all applicable requirements under of the
Respiratory Protection Standard OAR 437-004-1041.
Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes Implemented: ORS 654.001 through 654.295
History: OSHA 4-202, filed 05/10/2022, effective 07/01/2022
See Note about AQI update
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9791 Appendix A
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437-004-9791 Appendix A
Appendix A to 437-004-9791: Mandatory Workplace Guidance for the Use of
Filtering Facepiece Respirators to Address Wildfire Smoke
This appendix applies only to employers covered by this standard that require NIOSH-
approved filtering facepiece respirators, including N95, P95, R95, N99, P99, N100 and P100,
to be used by their employees strictly for wildfire smoke exposures when the work location
ambient air concentrations of PM2.5 is at or above 200.9 µg/m3 (AQI 251) and below 500.4
µg/m3 (AQI 501).
Note: Employer supplies of NIOSH-approved filtering facepiece respirators for required use under this
standard should include an adequate size selection for exposed employees.
Filtering facepiece respirators are disposable, negative-pressure, air purifying respirators
where an integral part of the facepiece or the entire facepiece is made of air contaminant
filtering material. This appendix does not apply to other types of respirators, including but not
limited to elastomeric tight-fitting respirators, nor does it apply to situations where workers
use filtering facepiece respirators for protection against air contaminants other than PM2.5
from wildfire smoke.
Employers whose workers are required to wear filtering facepiece respirators to protect
against wildfire smoke exposures when workplace ambient air concentrations of PM2.5 is at
or above 200.9 µg/m3 (AQI 251) must either develop and implement a respiratory protection
program in accordance with the Respiratory Protection Standard (OAR 437-004-1041), or a
Wildfire Smoke Respiratory Protection Program in accordance with the following
requirements when workplace ambient air concentration of PM2.5 is under 500.4 µg/m3 (AQI
501):
(A) Employee training. Employers must ensure that employees wearing filtering facepiece
respirators are trained in the proper use of the respirators, including putting them on and
removing them, any limitations on their use, how to care for the respirator, and the
ability to demonstrate a seal check as described in section (B) of this appendix.
(B) Filtering facepiece respirator user seal check. Each employee who uses a filtering
facepiece respirator must perform a user seal check to ensure a sufficient face fit to
maximize effectiveness each time the respirator is put on. Either the positive or negative
pressure checks listed in this appendix, or the respirator manufacturer’s recommended
user seal check method must be used.
See Note about AQI update
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9791 Appendix A
Z - 54
437-004-9791 Appendix A
1. Instructions for positive pressure user seal check. Once you have properly donned
the respirator, place your hands over the facepiece, covering as much surface
area as possible. Exhale gently into the facepiece. The face fit is considered
sufficient if a slight positive pressure is being built up inside the facepiece without
feeling air passing between your face and the facepiece. If the particulate
respirator has an exhalation valve, then performing a positive pressure check may
not be possible. In such cases, a negative pressure check must be performed.
2. Instructions for negative pressure user seal check. Negative pressure seal checks
are typically conducted on particulate respirators that have exhalation valves.
Once you have properly donned the respirator, cover the filter surface with your
hands as much as possible and then inhale gently. The face fit is considered
sufficient if the facepiece slightly collapses towards your face without feeling air
passing between your face and the facepiece.
3. Correcting problems discovered during the seal check. In the case of either type of
seal check (positive or negative), if air leaks around the nose, use both hands to
readjust the nosepiece by placing your fingertips at the top of the metal nose clip.
Slide your fingertips down both sides of the metal strip to more efficiently mold the
nose area to the shape of your nose. Readjust the straps along the sides of your
head until a proper seal is achieved.
(C) Filtering facepiece respirator storage and replacement. Store, maintain, and replace so
that they do not present a health hazard to the user.
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9791 Appendix B
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437-004-9791 Appendix B
Appendix B to 437-004-9791: Information for Wildfire Smoke Protection
Table 1: Air Quality Index (AQI) Values and Equivalent Concentrations for PM2.5, and
5-3-1 Visibility Index Values
AQI Values
PM2.5 Concentration in µg/m
3
Visibility Index Values
(How far you can see)
0 50
0.0 12.0
over 15 miles
51 100
12.1 35.4
5 15 miles
101 150
35.5 55.4
3 5 miles
151 200
55.5 150.4
1 3 miles
201 300
150.5 250.4
1 mile
301 and higher
250.5 and higher
less than 1 mile
Note: The AQI, as used in this standard, is a recognized proxy to identify worker exposure to PM2.5
for which traditional occupational exposure limits have not been established. The EPA AQI risk
category labels were specifically developed to advise the public of the community health risk levels
associated with air quality conditions in a general population setting. The AQI calculation allows for a
measurement that is easily accessible to both employers and employees.
Note: When estimating the current AQI value by using the 5-3-1 Visibility Index, determine the limit of
your visual range by looking for distant targets or familiar landmarks such as mountains, mesas, hills,
or buildings at known distances (miles). The visual range is that point at which these targets are no
longer visible. Ideally, the viewing of any distance target should be made with the sun behind you.
Looking into the sun or at an angle increases the ability of sunlight to reflect off of the smoke, and thus
making the visibility estimate less reliable.
Table 2: Protection from Wildfire Smoke Standard Requirements by AQI Value
AQI Value
General Requirements
101 - 250
1. Assess and monitor air quality at each work location where employees are exposed;
2. Provide and document employees training;
3. Implement two-way communication system;
4. Implement engineering and administrative controls; and
5. Provide NIOSH-approved filtering facepiece respirators for voluntary use.
251 - 500
1. 1 through 4 for AQI 101 – 250 above; and
2. Provide NIOSH-approved filtering facepiece respirators for mandatory use by
implementing a Wildfire Smoke Respiratory Protection Program in accordance with
Appendix A.
501 and
above
1. 1 through 4 for AQI 101 – 250 above; and
2. Provide NIOSH-approved respirators for mandatory use by implementing a Respiratory
Protection Program in accordance with OAR 437-004-1041.
See rules for complete requirements.
See Note about AQI update
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9800
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437-004-9800 (2)(d)
437-004-9800 Hazard Communication Standard for Agricultural Employers
Notes: The Division 4, Hazard Communication Standard for Agricultural Employers (OAR 437-004-
9800), focuses on those parts of the General Industry Hazard Communication Standard (Division 2/Z,
1910.1200) that describe the employer’s responsibility to establish a workplace program and to
communicate information to workers about the hazards of the chemicals used in their workplace.
The Division 4 standard does not include the parts of the Division 2, Hazard Communication Standard
that apply only to producers, distributors, and importers of chemicals because these are not typical
activities for agricultural employers. As stated in 437-004-9800(2) Scope and application, any
agricultural employer who produces, imports, or distributes chemical products must follow the more
detailed rules that apply to those general industry activities in Division 2/Z, 1910.1200.
The requirements of this Division 4, Hazard Communication Standard, are intended to be consistent
with the Hazard Communication Standard for general industry as aligned with the provisions of the
United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS.)
(1) Purpose. The purpose of this Division 4 Hazard Communication Standard (HCS) is to
ensure that agricultural employers provide appropriate information to their employees
about the hazardous chemicals to which they can be exposed at their workplaces. The
responsibility of chemical manufacturers, importers, and distributors to provide this
information is described in Division 2/Z, 1910.1200. The HCS for agricultural employers
describes how this information is to be provided: through a comprehensive hazard
communication program, including container labels and other forms of warning, safety
data sheets and employee training.
(2) Scope and application.
(a) This standard applies to agricultural employers when a hazardous chemical is
known to be present in the workplace in a way that employees may be exposed
under normal conditions of use or in a foreseeable emergency.
(b) This standard also applies to agricultural employers engaged in crop- or product-
related quality control- or quality assurance-type laboratory work.
Note: See Division 4/Z, 437-004-9860, Hazardous Chemicals in Laboratories, for rules that
apply to other types of laboratory activities.
(c) Division 2/Z, 1910.1200, the Hazard Communication Standard for General
Industry, including all mandatory appendices, applies to any agricultural employer
who is a producer, importer, or distributor of hazardous chemicals, as those
activities are defined in this standard.
(d) The following types of hazardous substances are exempted from the requirements
of this standard, under the stated conditions or circumstances:
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004- 9800(2)(d)(A)
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437-004-9800 (2)(d)(H)
(A) Any hazardous waste defined by the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6901 et seq.), when subject to regulations issued
under that Act by the Environmental Protection Agency;
(B) Any hazardous substance as such term is defined by the
Comprehensive Environmental Response, Compensation and Liability
ACT (CERCLA) (42 U.S.C. 9601 et seq.), when the hazardous
substance is the focus of remedial or removal action being conducted
under CERCLA (such as a “Superfund” site) in accordance with
Environmental Protection Agency regulations;
(C) Tobacco or tobacco products;
(D) Wood or wood products, including lumber if it will not be processed,
where the manufacturer or importer has established that the only
hazard posed to employees is the potential for combustibility;
Note: Wood and wood products that are treated with a hazardous chemical covered
by this standard (such as chemically pressure-treated wood); and wood that
will later be sawed, cut or sanded, generating dust, is covered by this
standard.
(E) Articles as defined in OAR 437-004-9800(11);
(F) Food or alcoholic beverages sold, used, or prepared in a retail
establishment (such as a grocery store, restaurant, or drinking place),
and foods intended for personal consumption by employees while at
work;
(G) Any drug, defined in the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), when it is in solid, final form for direct
administration to the patient (e.g., tablets or pills); drugs packaged by
the chemical manufacturer for sale to consumers in a retail
establishment (e.g., over-the-counter drugs); and drugs intended for
personal consumption by employees while at work (e.g., first aid
supplies);
(H) Cosmetics which are packaged for sale to consumers or intended for
personal consumption by employees while in the workplace;
Chemicals/Toxins
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Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9800 (2)(d)(I)
Z - 59
437-004-9800 (4)(a)(A)
(I) Any consumer product or hazardous substance, defined in the
Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal
Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively,
where the employer can show that it is used in the workplace for the
purpose intended by the chemical manufacturer or importer of the
product, and the use results in a duration and frequency of exposure
not more than the range of exposures that could reasonably be
experienced by consumers;
(J) Nuisance particulates where the chemical manufacturer or importer has
established that they do not pose any physical or health hazard covered
under this standard;
Note: Nuisance particulate is synonymous with “particulate not otherwise regulated”
(PNOR.) PNOR includes all inert or nuisance dusts, whether mineral,
inorganic, or organic, that are not specifically listed in Division 4/Z, OAR 437-
004-9000, Oregon Rules for Air Contaminants.
(K) Ionizing and non-ionizing radiation; and,
(L) Biological hazards.
Notes: In addition to these exempted hazardous substances, the general industry
Hazard Communication Standard [at 1910.1200(b)(5)] lists additional types of
hazardous chemicals whose manufacturers are not covered by the Hazard
Communication labeling requirements, because the products are already
regulated by other labeling regulations. (For example, labeling of consumer
products is regulated by the Consumer Product Safety Commission; and
labeling of pesticide products is regulated by the Environmental Protection
Agency.)
Nonetheless, employers must ensure that hazardous chemicals are properly
identified in their workplaces, as described in 437-004-9800(5).
(3) Reserved.
(4) Written hazard communication program.
(a) Employers must develop, implement, and maintain an effective written hazard
communication program that is specific to their workplace. It must include the
following:
(A) A list of all the hazardous chemicals in the workplace using a product
identifier that allows cross-referencing to both the product label and a Safety
Data Sheet. (Lists may be developed for individual work areas, but the
program-required list must include all hazardous chemicals present in the
workplace to which the written hazard communication program applies.)
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9800 (4)(a)(B)
Z - 60
437-004-9800 (5)(b)(A)
(B) A description of their procedures or methods for meeting the requirements of
this Hazard Communication Standard for Agricultural Employers including
paragraphs (5) Labels and other forms of warning, (6) Safety data sheets,
and (7) Employee information and training.
(C) A description of the methods for informing their employees about the hazards
of nonroutine tasks and the hazards associated with chemicals contained in
any unlabeled pipes in their work areas.
(b) At multi-employer workplaces, employers who use or store hazardous chemicals
in a way that may expose other employer’s workers must also ensure that their
hazard communication program includes their methods for:
(A) Making safety data sheets available to the workers of other employers;
(B) Informing other employer(s) of any precautionary measures needed for the
other employer to protect their employees during normal operating conditions
and foreseeable emergencies;
(C) Informing other employer(s) about the labeling system and other forms of
warning in use. This includes how the employer will notify other employer(s)
about areas where pesticides will be or are being applied and areas under a
Restricted Entry Interval.
(c) Upon request, the employer must make their written hazard communication
program available to employees, the employee’s designated representatives, and
the Administrator.
Note: Where employees work at more than one workplace, the written hazard communication
program may be kept at the primary workplace as long as the information is made
available for routine reference during the employee’s regular shift and is readily available
in an emergency.
(5) Labels and other forms of warning.
Note: Chemical producers, importers, and distributors have responsibilities for labeling products that
are shipped and for providing those labels to end-users.
(a) Workplace labeling. The employer must ensure that the primary (shipped) labels
are legible, in English, and prominently displayed on the container in the work
area. Employers with employees who communicate in languages other than
English may include information in the other languages, as long as it is also in
English.
(b) Except as provided in (5)(d), (5)(e), and (5)(f), the employer must ensure that each
container of hazardous chemicals is labeled, tagged or marked with either:
(A) The same elements required on the shipped label:
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(i) Product identifier,
(ii) Signal word,
(iii) Hazard statement(s),
(iv) Pictogram(s),
(v) Precautionary statement(s), and
(vi) Name, address, and telephone number of the chemical manufacturer,
importer, or other responsible party; OR
(B) The product identifier (that allows cross-referencing with the product’s safety
data sheet), and
(i) Words, pictures, symbols, or a combination that provide at least general
information about the hazards of the chemical;
(ii) This alternative in conjunction with the other information readily
available to employees under the employer’s hazard communication
program, must provide employees with specific information about the
hazards of the chemical and appropriate protective measures.
(c) If an employer becomes aware of new information from an up-dated, product label
about the hazards of a chemical, or ways to protect against the hazards, affected
employees must be trained on this new information before the chemical is used
again in the workplace.
(d) The employer may use signs, placards, or other written materials instead of labels
on individual, stationary process containers. This alternative method must identify
the specific container, meet the requirements in (5)(a) and (b) and be readily
accessible to the employees in their work area.
(e) Labels are not required on portable, secondary containers of hazardous chemicals
that are for immediate use.
(f) Pesticide application equipment (such as spray tanks and backpack-type
sprayers) do not require labeling if the pesticide handlers have access to the
pesticide product label during handling activities.
(6) Safety data sheets.
(a) Employers must have a safety data sheet (SDS) for each hazardous chemical that
is used or present in the workplace in a way that may expose employees under
normal conditions of use or in a foreseeable emergency. This includes residual
pesticides encountered by workers doing field hand-labor operations.
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(b) SDSs must be readily accessible to all employees on all shifts. Where employees
work at more than one workplace, the SDSs may be kept at the primary
workplace.
(c) SDSs may be kept electronically if they are readily accessible to employees during
their work shifts and available at all times, especially during an emergency such as
a power failure.
(d) SDSs must be in English. Employers with employees who communicate in other
languages may maintain copies of SDSs in other languages as well.
(e) Where complex mixtures of chemical products have similar hazards and contents
(for example, the chemical ingredients are the same, but the specific composition
varies from mixture to mixture), the employer may use one SDS to apply to all of
these essentially similar mixtures. The product identifier of each mixture, as
identified on the product label, must be cross-referenced to the SDS used.
(f) If an employer becomes aware of new information from an up-dated SDS about
the hazards of a chemical or about ways to protect employees from the hazards,
affected employees must be trained on this new information before the chemical is
used again in the workplace.
(g) Safety data sheets as employee exposure records. In accordance with Division
4/A, OAR 437-004-0005, Access to Employee Medical and Exposure Records,
employers must retain either the SDS or some record of the identity of the
substance or agent, where it was used, and when it was used; and, make this
record available upon request to employees, employee’s designated
representatives, and to the Administrator.
Note: OAR 437-004-0005 refers employers to Division 2/Z 1910.1020. For more
information about this requirement, see 1910.1020(d)(1)(ii)(B).
(7) Employee information and training.
(a) Give employees effective information and training on hazardous chemicals in their
work area at the time of their initial assignment, and when a new physical or health
hazard is introduced into their work area. Information and training may cover
categories of hazards (examples include flammable liquids and pesticides) or
specific chemicals.
(A) Chemical-specific information must always be available through labels and
safety data sheets. Agricultural employees who mix, load, or apply
pesticides; or otherwise handle hazardous chemicals must receive the full
information and training required by this standard.
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(B) If employees only handle chemicals in sealed, unopened containers, give
them training to the extent necessary to protect them in the event of a spill or
leak of a hazardous chemical from a sealed container.
(b) Inform employees of:
(A) The requirements of this training paragraph;
(B) Any operations in their work area where hazardous chemicals are present;
and,
(C) The location and availability of the written hazard communication program,
including the required list(s) of hazardous chemicals, and safety data sheets.
(c) Employee training must include at least:
(A) Methods and observations to detect the presence or release of a hazardous
chemical in the work area (such as monitoring done by the employer, alarm
systems, or characteristic odors;)
(B) The physical and health hazards of the chemicals in the work area;
(C) The measures employees can take to protect themselves from these
hazards, including specific procedures the employer has implemented to
protect employees from exposure to hazardous chemicals, such as
appropriate work practices, emergency procedures, and personal protective
equipment; and,
(D) The details of the hazard communication program as it relates to the
employee’s work activities, including an explanation of any alternative
labeling or warning systems, possible exposures from non-routine tasks, and
how employees can get and use the right hazard information.
(d) Agricultural employers must give all of their employees a copy of, or provide them
with training that covers the information in the Oregon OSHA publication #1951
“Safe Practices When Working Around Hazardous Agricultural Chemicals.”
(e) For employees doing only field hand-labor operations where their only potential
exposure is to residual pesticides, employers may meet the training and
information requirements of this rule by:
(A) Giving each employee a copy of or providing training that covers the
information in the Oregon OSHA publication #1951, “Safe Practices When
Working Around Hazardous Agricultural Chemicals”; and
(B) Providing information about the location and availability of, and ensuring that
employees have access to safety data sheets.
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(8) Trade secrets. There are special standards about the relationship of this standard to
trade secrets. If those circumstances apply, follow Division 2/Z, 1910.1200(i) and its
Appendix E.
Note: Division 2/Z 1910.1200(i) provides guidance for emergency medical personnel who need to
obtain more detailed safety and health information about products with Trade Secret-protected
ingredients. Appendix E to Division 2/Z, 1910.1200, Definition of Trade Secret, sets out the
criteria to be used in evaluating trade secret claims.
(9) Subpoenas, citations, penalties.
(a) The Oregon Occupational Safety and Health Division has the authority under ORS
Chapter 654 to issue a subpoena or any protective orders.
(b) Agency actions under ORS Chapter 654 and this Hazard Communication
Standard for Agricultural Employers are enforceable by the issuance of additional
citations and penalties pursuant to ORS 654.071(4), ORS 654.086(1)(d), or ORS
654.086(3). The Oregon Occupational Safety and Health Division may refer the
matter to the Circuit Court in the county in which the proceedings are pending for
enforcement of the subpoena.
(10) Phase-in dates for new rule requirements.
(a) By February 1, 2015, agricultural employers must train their employees about the
new label elements (product identifier, signal word, hazard statements,
pictograms, and precautionary statements); and, about the new, standardized, 16-
section, safety data sheet (SDS) format. After this phase-in date has passed, this
information must be included in the initial employee training in accordance with
paragraph (7).
Note: Chemical producers have until June 1, 2015 to be in compliance with all the modified
provisions of the Division 2/Z Hazard Communication Standard (1910.1200) including
those concerning classification, labeling, and safety data sheets.
(b) By June 1, 2016, employers must, as necessary, based on any new hazards
identified by chemical manufacturers on updated labels and SDSs:
(A) Update their workplace hazard communication program, as required by
paragraph (4); and
(B) Update any alternative workplace labeling used under paragraph (5); and
(C) Provide additional employee training in accordance with paragraph (7).
(11) Definitions.
Agricultural employer See definition in Division 4/B, OAR 437-004-0100. Also, see
“Employer” below.
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Article - A manufactured item other than a fluid or particle:
(A) Formed to a specific shape or design during manufacture; and
(B) With end use function(s) dependent in whole or in part on its shape or design
during end use; and
(C) That under normal conditions of use does not release more than minute or trace
amounts of a hazardous chemical and does not pose a physical hazard or health
risk to employees.
Administrator - The Administrator of the Oregon Occupational Safety and Health Division, or
their designee.
Biological hazard (or biohazard) An infectious or other biological agent (bacteria, virus,
fungus, etc.) presenting a risk of death, injury or illness to employees. (Biohazards are
excluded from the requirements of the HCS.)
Chemical - Any element, chemical compound or mixture of elements or compounds.
Chemicals may be in solid, liquid, or gaseous form.
Chemical name - The scientific designation of a chemical according to the nomenclature
system developed by the International Union of Pure and Applied Chemistry (IUPAC) or
the Chemical Abstracts Service (CAS) rules of nomenclature, or a name that clearly
identifies the chemical for the purpose of conducting a hazard classification.
Classification The process of identifying the relevant data about the hazards of a
chemical; reviewing that data to determine the hazards or effects associated with the
chemical; and deciding whether the chemical meets the criteria and definitions in this
standard. Classification for health and physical hazards includes the determination of
the degree of hazard, where appropriate, by comparing the data with the criteria for the
health and physical hazard categories.
Container Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank,
or the like that contains a hazardous chemical. Pipes or piping systems, and engines,
fuel tanks, or other operating systems in a vehicle, are not considered to be containers.
Crop- or product-related quality control- or quality assurance-type laboratory work -
The sampling or testing of crops or agricultural products to discover defects, with the
goal of improving or stabilizing production standards. This type of laboratory work at
agricultural workplaces is covered by the requirements of the HCS.
Note: See Division 4/Z, 437-004-9860, Hazardous Chemicals in Laboratories, for rules that apply to
other types of laboratory work.
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Designated representative - Any individual or organization to whom an employee gives
written authorization to exercise such employee’s rights. A recognized or certified
collective bargaining agent is automatically a designated representative without regard
to written employee authorization.
Distributor Any business, other than a chemical manufacturer or importer, that supplies
hazardous chemicals to other distributors or to employers.
Employee For the purpose of this rule, any worker who may be exposed to hazardous
chemicals under normal conditions of use or in a foreseeable emergency. (Also, see
definition of “Worker” in Division 4/B, OAR 437-004-0100.)
Employer - For the purposes of this rule, any person, corporation, association, or other legal
entity, including a contractor or subcontractor, engaged in a business where employees
may be exposed to chemicals. (Also, see definition of “Agricultural employer” in Division
4/B, OAR 437-004-0100.)
Exposure or exposed An occurrence when an employee is subjected, in the course of
employment, to a chemical that is a physical, health, or other listed hazard, including
accidental or reasonably anticipated exposure. “Subjected” in terms of health hazards
includes any route of entry into the body, including inhalation, ingestion, percutaneous,
and skin contact or absorption.
Field hand-labor operations Agricultural work done by hand or with hand tools, including
the cultivation, weeding, planting, and harvesting of crops (including mushrooms) and
the packing of produce into containers, whether done on the ground, on a moving
machine, or in a temporary packing shed in the field.
Flammable liquids See definition in Division 4/B, OAR 437-004-0100.
Foreseeable emergency Any potential event that could result in an uncontrolled release of
a hazardous chemical into the workplace. Examples include equipment failure, rupture
of containers, or failure of control equipment.
GHS Globally Harmonized System The United Nations’ system of classification and
labeling of chemicals; an international approach to hazard communication that provides
specific criteria for classification of chemical hazards and a standardized approach to
label elements and safety data sheets. In 2012, OSHA revised the Hazard
Communication Standard (29 CFR 1910.1200) to be consistent with the GHS.
Hand-labor operations See, Field hand-labor operations.
Handler (or Pesticide Handler) includes any person, who is employed for any type of
compensation by an agricultural establishment and who:
(A) Mixes, loads, transfers, or applies pesticides;
(B) Disposes of pesticides or pesticide containers;
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(C) Handles opened containers of pesticides;
(D) Acts as a flagger for equipment or aircraft applying pesticides;
(E) Cleans, adjusts, handles, or repairs the parts of mixing, loading, or application
equipment that may contain pesticide residues;
(F) Assists with the application of pesticides; or
(G) Performs other activities included within the definition of Handler by the
Environmental Protection Agency.
Note: For more information, see the pesticide Worker Protection Standard in Division 4/W,
§170. The term “handler” does not include an employee who only handles sealed,
unopened pesticide containers or empty pesticide containers.
Hazard category The divisions within a hazard class that compare the degree or severity
of the hazard. For example, the chemical hazard classifications “oral acute toxicity” and
“flammable liquid” both include four hazard categories based on specific criteria.
Categories within a hazard class should not be compared with the categories of
different hazard classes.
Hazard class Describes the nature and effect of a physical or health hazard, such as
“flammable solid”, “carcinogen”, and “oral acute toxicity”. (Also, see “Classification”.)
Hazard not otherwise classified (HNOC) An adverse physical or health effect identified
through evaluation of scientific evidence during the manufacturer’s classification
process that does not meet the specified criteria for the physical and health hazard
classes addressed in Division 2/Z. 1910.1200. This does not extend coverage to
adverse physical and health effects for which there is a hazard class addressed in
1910.1200, but the effect either falls below the cut-off value/concentration limit of the
hazard class or is under a GHS hazard category that has not been adopted by OSHA.
(One example is Category 5 oral acute toxicity.)
Hazard statement A statement assigned to a hazard class and category that describes the
nature of the hazards of a chemical, including, where appropriate, the degree of hazard.
Hazardous chemical Any chemical that is classified as a physical hazard or a health
hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise
classified.
Note: Division 2/Z, 1910.1200, Appendices A and B describe the criteria producers must use for
determining whether or not a chemical is a health or physical hazard for purposes of this
standard.
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Hazard warning The words, pictures, symbols, or combination on a label (or other
appropriate form of warning) that communicate the specific physical and health hazards
of the chemical(s) in the container. (See the definitions for “physical hazard” and “health
hazard” to determine the hazards which must be covered by the manufacturer.)
HCS The Hazard Communication Standard.
Health hazard A chemical that is classified as posing one of the following hazardous
effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye
damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity;
carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated
exposure); or aspiration hazard.
Note: The criteria for determining whether a chemical is classified as a health hazard are detailed in
Appendix A to 1910.1200 Health Hazard Criteria.
Identity See Product Identifier.
Immediate use For the purpose of this rule, describes when a hazardous chemical will be
used only within the work shift in which it is transferred, be under the control of and
used only by the person who transfers it from a labeled container. Under these specific
conditions, a portable, secondary container is exempted from the requirement for a
workplace label. (See 437-004-9800(5)(e).)
Importer The first business with employees within the Customs Territory of the United
States that receives hazardous chemicals made in other countries for the purpose of
supplying them to distributors or employers within the United States.
Label An appropriate group of written, printed or graphic information elements concerning a
hazardous chemical that is affixed to, printed on, or attached to the immediate container
of a hazardous chemical, or to the outside packaging.
Label elements -- The specified product identifier, pictogram(s), hazard statement(s), signal
word, and precautionary statement(s) that correlate to each chemical product’s hazard
class and category. Also, labels must identify and provide contact information for the
product’s manufacturer or other responsible party.
Manufacturer See Producer.
Material Safety Data Sheet (MSDS) See, “Safety Data Sheet (SDS)”.
Mixture A combination or a solution composed of two or more substances in which they do
not react.
Nonroutine task A work activity that occurs infrequently or that varies from what is
considered a regular, standard, or normal task.
Pesticide handler See Handler.
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Pesticide, residual See Residual pesticide.
Physical hazard A chemical that is classified as posing one of the following hazardous
effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid
or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide;
corrosive to metal; gas under pressure; or in contact with water emits flammable gas.
Note: Physical Hazard Criteria is available in Appendix B to Division 2/Z, 1910.1200.
Pictogram A composition that includes a red bordered square set on its point, enclosing a
black symbol on a white background that is intended to convey specific information
about the hazard of a chemical. Eight pictograms are designated under this standard for
application to specific hazard categories.
Precautionary statement A phrase that describes recommended measures that should be
taken to prevent or minimize adverse effects resulting from exposure to, or improper
storage or handling of a hazardous chemical.
Producer For the purposes of this rule, an employer with a workplace where chemicals are
manufactured, processed, extracted, generated, formulated, or repackaged for use or
for distribution.
Note: If you mix or blend chemical products for use in your own workplace, and the resulting mixture
has no new chemical ingredients or new hazardous characteristics, you can use the SDSs for
the component ingredients and you are not considered to be a “producer.” (An example is
mixing granular fertilizers together for application on your own property.) However, if the
combined chemicals react to create a new ingredient or the combination creates a new hazard,
you become a “producer” and you must follow the more detailed rule requirements in the
Division 2/Z, 1910.1200, Hazard Communication Standard.
Product identifier The unique name or number used on the label and in the SDS that
provides a means by which the user can identify the hazardous chemical. (Examples
include the chemical name, Chemical Abstracts Service (CAS) Registry Number, or
other precise designation of the substance.) The product identifier must allow cross-
referencing of the product’s label with the product’s SDS, and the list of hazardous
chemicals in the employer’s written hazard communication program.
Pyrophoric gas A chemical in a gaseous state that will ignite spontaneously in air at a
temperature of 130 degrees F (54.4 degrees C) or below.
Residual pesticide Pesticide residue that remains on crops, soil, equipment or other work
surfaces, after a pesticide application is completed and any label-required restricted
entry interval (REI) has expired. For the purpose of providing hazard information, a
Safety Data Sheet must be available for any pesticide that has been used at the
workplace within the previous 30 days.
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Responsible party As used on a Label or Safety Data Sheet, someone who can provide
additional information on the hazardous chemical and appropriate emergency
procedures, if necessary.
Restricted entry interval (REI) The time period that immediately follows a pesticide
application (as specified on the product label) during which only trained and protected
employees may enter into the treated area. (The treated area is the physical location
where a pesticide is being or has been applied.)
Safety data sheet (SDS) Written or printed information about a hazardous chemical that is
prepared (generally by the manufacturer) in accordance with paragraph (g) of and
Appendix D to Division 2/Z, 1910.1200.
Signal word A word used to alert the reader of the product label to a potential hazard. The
signal words used in this section are ‘‘DANGER’’ and ‘‘WARNING’’ ‘‘DANGER’’ is used
for the more severe hazards, while ‘‘WARNING’’ is used for the less severe. These
words are chosen by the manufacturer based on the classification and categorization of
the chemical’s hazards.
Note: The EPA has jurisdiction over manufacturers of pesticides and currently has its own system of
signal words used on pesticide labels.
Simple asphyxiant A substance or mixture that displaces oxygen in the ambient
atmosphere, and can thus cause oxygen deprivation in those who are exposed, leading
to unconsciousness and death.
Specific chemical identity See “Product identifier”.
Substance Chemical elements and their compounds in the natural state or obtained by any
production process, including any additive necessary to preserve the stability of the
product and any impurities deriving from the process used, but excluding any solvent
which may be separated without affecting the stability of the substance or changing its
composition.
Trade secret A confidential formula, pattern, process, device, information or compilation of
information that is used in an employer’s business, and that gives the employer an
opportunity to obtain an advantage over competitors who do not know or use it.
Note: Division 2/Z 1910.1200(i) provides guidance for emergency medical personnel who need to
obtain more detailed safety and health information about products with Trade Secret-protected
ingredients. Appendix E to Division 2/Z, 1910.1200 Definition of Trade Secret, sets out the
criteria to be used in evaluating trade secret claims.
Use To handle, apply, transfer, or generate as a by-product, any hazardous chemical
covered by the requirements of this rule.
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Work area A room or defined space in a workplace where hazardous chemicals are used,
and where there are employees.
Workplace An establishment, job site, or project, at one geographical location with one or
more work areas.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
Oregon OSHA Administrative Order 3-2014, filed 8/8/14, effective 8/8/14.
437-004-9830 Retention of Department of Transportation (DOT) Markings,
Placards and Labels
(1) If you receive any container or vehicle containing hazardous material, marked to comply
with U.S. Department of Transportation Hazardous Materials Regulations (49 CFR
Parts 171 through 180), you must keep those markings in place and legible until the
container is empty enough of product, residue or vapors to eliminate all hazards.
(2) Markings, placards and labels must be readily visible.
(3) For non-bulk packages that will not be reshipped, you are in compliance with this rule if
a label or other acceptable marking is affixed to the container and includes the
information required by the Hazard Communication Standard.
(4) For this rule, “hazardous material” and other terms not defined here have the same
definitions as in the U.S. DOT Hazardous Materials Regulations (49 CFR Parts 171
through 180).
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
437-004-9850 Pipe Labeling
(1) Scope and application. This rule applies to all pipes and piping systems that contain
hazardous substances, transport substances in a hazardous state, or that use asbestos
as insulation material. This rule does not apply to buried pipe.
(2) Definitions:
Asbestos: includes chrysoltile, amosite, crocidolite, tremolite asbestos, anthophyllite
asbestos, actinolite asbestos and any of these minerals that have been chemically
treated or altered.
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Hazardous substances: any substance that is a physical or health hazard.
Health hazard: A chemical that is classified as posing one of the following hazardous effects:
acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or
eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity;
reproductive toxicity; specific target organ toxicity (single or repeated exposure); or
aspiration hazard. The criteria for determining whether a chemical is classified as a
health hazard are detailed in Appendix A to 1910.1200 - Health Hazard Criteria, in
Division 2/Z.
Physical hazard: A chemical that is classified as posing one of the following hazardous
effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid
or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide;
corrosive to metal; gas under pressure; or in contact with water emits flammable gas.
The criteria for determining whether a chemical is classified as a physical hazard are
detailed in Appendix B to 1910.1200 Physical Hazard Criteria, in Division 2/Z.
Piping system: includes single or multiple pipes of any kind in addition to valves and pipe
coverings.
(3) Labeling.
(a) Label pipes that contain hazardous substances or transport substances in a
hazardous state according to (A), (B), (C) and (D) below or otherwise identify them
according to (3)(b) below:
(A) Positive identification of the hazardous contents of pipe must be by lettered
labels. The label must give the name of the contents in full or abbreviated
form.
(B) The label must identify the contents with enough detail to identify the hazard.
(C) Label wording must be brief, informative and simple.
(D) Use stenciling, tape, adhesives, markers or effective alternative means for
labels.
Note: Substances “transported in a hazardous state” typically refer to the hazards of
pressure and temperature. Examples include compressed air, hot water or steam,
and cryogenic liquids or gases.
(b) The employer may use an alternative warning method, instead of affixing labels to
individual pipes, if that method identifies the pipe(s) to which the warning applies
and conveys the hazard information required by this rule. Examples include signs,
placards, process sheets, or schematics posted on walls in the work area; or other
such written materials. These alternative written materials must be readily
accessible to the employees in their work areas during each shift.
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Note: See OAR 437-004-9800(5) Labels and other forms of warning for other related
requirements.
(c) Label pipes or piping systems that use asbestos insulation material to include the
following statements:
(A)
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
DO NOT BREATHE DUST
AVOID CREATING DUST
(B) Or, otherwise identify them according to (3)(b), above.
Note: See OAR 437-004-9800, Hazard Communication for Agricultural Employers and
OAR 437-004-9050, Asbestos, for additional requirements.
(4) Location of labeling.
(a) Place the labeling near valves or flanges; adjacent to changes in direction or
branches; where pipes pass through walls, floors or ceilings; and where confusion
about the contents of the piping system may occur.
(b) Labeling must be applied, at a minimum, at the beginning and end of continuous
pipe runs.
(c) For asbestos insulation, labeling on unobstructed continuous pipe runs must be at
least every 75 feet.
Illustration 1 - Location of Labeling
(5) Visibility.
(a) Where pipes are located above or below the normal line of vision, put the lettering
below or above the horizontal centerline of the pipe, to facilitate visibility.
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437-004-9850 (5)(b)
(b) If pipes are inaccessible, or at a distance that makes clear identification of the
letters on a label difficult, use alternatives to labeling that meet all other
requirements of this rule.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/13.
Oregon OSHA Administrative Order 3-2014, filed 8/8/14, effective 8/8/14.
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9850 Appendix A
Z - 75
437-004-9850 Appendix A
Appendix A to 437-004-9850 Pipe Labeling (Non-Mandatory)
Table 1 - General Classification of Hazards of Materials Transported in Pipes With
Suggested Labeling Colors
Classification
Color Field**
Color of Letters for Legends
Materials Inherently Dangerous
Flammable or Explosive
Yellow
Black
Chemically Active or Toxic
Yellow
Black
Extreme Temperatures or Pressures
Yellow
Black
Radioactive
Yellow
Magenta
Materials of Inherently Low Hazard
Liquid or Liquid Admixture
Green
White
Gas or Gaseous Admixture
Blue
White
** Alternatives to the colors suggested in Table 1 are acceptable if they meet all other requirements of
the pipe labeling rule and are used consistently on all pipes in a given location.
(1) Color may be displayed on the piping by any physical means, but when it is used it must
be in combination with labels.
(2) Color may be used in continuous, total length, or in intermittent displays.
Types and Sizes of Letters
(1) There must be contrast between color field and letters for readability.
(2) Use of letters of block lettering in sizes 1/2-inch (13 mm) and larger, is recommended.
(Table 2)
Table 2 Types and Styles of Letters
Outside Diameter of Pipe or
Covering
Length of Color Field
Size of Letters
In.
mm.
In.
mm.
In.
mm.
3/4 to 1 1/4
19 to 32
8
200
1/2
13
1 1/2 to 2
38 to 51
8
200
3/4
19
2 1/2 to 6
64 to 150
12
300
1 1/4
32
8 to 10
200 to 250
24
600
2 1/2
64
over 10
Over 250
32
800
3 1/2
89
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9850 Appendix A
Z - 76
437-004-9850 Appendix A
(3) For identification of materials in pipes less than 3/4-inch (19 mm.) in diameter, and for
valve and fitting identification, the use of a legible tag is recommended.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
Oregon OSHA Administrative Order 3-2014, filed 8/8/14, effective 8/8/14.
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
437-004-9860
Z - 77
437-004-9860 (2)
437-004-9860 Hazardous Chemicals in Laboratories
Definitions:
Carcinogens are chemicals that have been determined to cause cancer by the following
sources:
(a) National Toxicology Program (NTP), Annual Report on Carcinogens (latest
edition);
(b) International Agency for Research on Cancer (IARC) Monographs (latest edition);
(c) 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational
Safety and Health Administration: or
(d) National Institute for Occupational Safety and Health (NIOSH), The Registry of
Toxic Effects of Chemical Substances (latest edition.)
Crop- or product-related quality control or quality assurancetype laboratory work
means the testing of crops or agricultural products to uncover defects, with the goal of
improving or stabilizing production standards.
Laboratory use of hazardous chemicals means handling or use of such chemicals in which
all of the following conditions are met:
(a) Chemical manipulations are carried out on a “laboratory scale;”
(b) Multiple chemical procedures or chemicals are used;
(c) The procedures involved are not part of a production process, nor in any way
simulate a production process; and
(d) Protective laboratory practices and equipment are available and in common use to
minimize the potential for employee exposure to hazardous chemicals.
Laboratory scale means work with substances in which the containers used for reactions,
transfers, and other handling of substances are designed to be easily and safely
manipulated by one person. Laboratory scale does not include those workplaces whose
function is to produce commercial quantities of materials.
(1) If employees are engaged only in crop- or product-related quality control or quality
assurance-type laboratory work, as defined in this rule, any work with hazardous
chemicals must comply with the requirements in OAR 437-004-9800, Hazard
Communication.
(2) If employees use carcinogens in laboratory research or crop- or product-related quality
control or quality assurance-type laboratory work, then Division 2/Z, OAR 437-002-
0391, Additional Oregon Rules for Carcinogens in Laboratories, also applies.
Z
Chemicals/Toxins
Division 4
AO 4-2022
Oregon Administrative Rules
Oregon Occupational Safety and Health Division
437-004-9860 (3)
Z - 78
437-004-9860 (3)
(3) If employees are engaged in the laboratory use of hazardous chemicals, as defined in
this rule, then Division 2/Z, 1910.1450, Occupational Exposure to Hazardous Chemicals
in Laboratories, applies to these activities.
Statutory Authority: ORS 654.025(2) and 656.726(4).
Statutes Implemented: ORS 654.001 through 654.295.
History: Oregon OSHA Administrative Order 4-1998, filed 8/28/98, effective 10/1/98.
Oregon OSHA Administrative Order 4-2012, filed 9/19/12, effective 1/1/1
Chemicals/Toxins
Z
Oregon Occupational Safety and Health Division
Oregon Administrative Rules
AO 4-2022
Division 4
List of Tables for Division 2, Subdivision Z
Z - 79
List of Tables for Division 2, Subdivision Z
List of Tables for Division 4, Subdivision Z
Example from Oregon Table Z-2 .............................................................................................. 6
Oregon Table Z-1 Adopted Values (In Alphabetic Order) ..................................................... 8
Oregon Table Z-2 Adopted Permissible Exposure Limits (PEL) .......................................... 28
Oregon Table Z-3 Permissible Exposure Limits (PEL-TWA) for MINERAL DUSTS ........... 30
Table 1: Air Quality Index (AQI) Values and Equivalent Concentrations for PM2.5, and 5-3-1
Visibility Index Values ............................................................................................... 55
Table 2: Protection from Wildfire Smoke Standard Requirements by AQI Value ................... 55
Table 1 - General Classification of Hazards of Materials Transported in Pipes With Suggested
Labeling Colors ......................................................................................................... 75
Table 2 Types and Styles of Letters .................................................................................... 75
Agriculture
4
Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
Historical Notes
Div. 4
Historical Notes for Division 4
Note 1: The OR-OSHA Advisory Committee of Small Agricultural Employers provided the
philosophical and structural guidance for this standard, Division 4, Agriculture. Most farmers,
ranchers and growers were committed to have only one book of OR-OSHA standards. We began this
process committed to not enacting any new standards. However, the agricultural community soon
realized the need for some new standards. We emphasize that most of the new standards do not
represent new requirements for employers. In most cases the new standard merely consolidates and
clarifies what was done previously from a variety of sources. Some examples are forklift driver
training, storage of chemicals and pay for personal protective equipment. This standard is written in
plain English and is formatted for easy reading.
OR-OSHA Admin. Order 4-1998, filed 8/28/98, effective 10/1/98.
Note 2: Oregon OSHA adopted changes to the standard for Agricultural employers, Division 4.
These changes are the result of proposed legislation introduced by the Oregon Farm Bureau
Federation.
Oregon OSHA negotiated changes to these administrative standards with the Farm Bureau to provide
the needed updating of the standards without completing the legislative process.
The changes effect only the standard on Safety Committees, Chapter C.
The effect of these changes is to modify the requirements for safety committees for Oregon
agricultural employers with more than 10 non-seasonal workers. The changes eliminate several
paperwork requirements. They also move the standard to a more performance-oriented approach.
For smaller agricultural employers, the changes eliminate required safety committees. These are
employers who have fewer than 11 non-seasonal workers but who may hire enough seasonal workers
to swell their force temporarily during a particular cycle.
The term seasonal worker is defined for the first time. For the sake of consistency, the definition
mirrors others used by various government agencies in the regulation of agriculture.
Employers with small non-seasonal work forces must hold special orientation meetings for their
seasonal workers to assure that these people are not excluded from the training and information they
need to work safely.
Comments received at the public hearing on April 23, 1999, and throughout the time the amendments
were proposed, were in agreement with the changes.
OR-OSHA Admin. Order 2-1999, filed 4/30/99, effective 4/30/99.
Note 3: During the last growing season issues were raised that led to the establishment of a work
group to develop solutions. Of particular concern was a requirement for a second means of exit even
in single room dwellings that were in compliance with Building Codes and Fire Marshal rules.
4
Agriculture
Division 4 AO 2-2023 Oregon Administrative Rules Oregon Occupational Safety and Health Division
Historical Notes
Div. 4
Historical Notes
A committee of representatives of labor, the agricultural community, elected officials, and state
agencies whose standards affect labor housing, worked on developing the changes to 437-004-1120,
Agricultural Labor Housing and Related Facilities, in Division 4/J, Agriculture/Work Environment. We
are making similar changes to 437-002-0142, Labor Camps, in general industry.
We regrouped some subjects into more logical categories. Wording or grammar in several rules
changed to make the rule easier to follow and/or enforce.
Several definitions changed to reflect current practices or to more closely match the same definitions
in other state regulatory documents such as those of the Building Codes Division.
A date (December 15, 1989) is now part of a few rules to make OR-OSHA requirements more
synchronous with those of the Building Codes Division (BCD). For certain issues, any housing built or
remodeled on or after that date must comply with BCD standards on those issues. Housing built or
remodeled before that date must meet standards in effect at the time of the work. For most other
issues compliance is based on the particular standard in effect at the time the work was done.
Housing units built or remodeled on or after December 15, 1989 must comply with new OR-OSHA
rules and the state building code rules on emergency exits. Those rules give location and design
criteria. One-room living areas no longer need a second emergency exit. Older multi-room units must
comply with the old OR-OSHA rules.
We added a paragraph to prohibit citations resulting from housekeeping practices of camp occupants.
Recyclable materials like cans and bottles are no longer trash for the purposes of certain rules
governing trash and refuse.
Operators must post their street numbers so that responding emergency vehicles can see them from
the street.
Requirements for toilets, handwashing and bathing facilities changed to read one unit for each fifteen
employees or fraction thereof.
Requirements for handling and control of garbage are now restricted to outside of buildings and
certain recyclable materials are not considered garbage for that rule.
Based on comments we received, three categories of registration exemptions are eliminated from the
new rules. Based on ORS 654.705(7) Oregon OSHA believes these categories are already exempt
from registration and need not be repeated in the rules. They are:
Dwellings occupied by the owner or owning family; or
Dwellings occupied year-round by employees who are members of a nuclear family (parents, children,
grandparents or siblings); and
The original structure and any remodeling conformed to building codes or manufactured dwelling
regulations in effect at the time they were done.
Oregon OSHA received many comments on the issue of required heating during specified months of
the year. After consideration of all the comments and analysis of the economic impact versus the
potential impact of safety and health, this rule remains unchanged.
Agriculture
4
Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
Historical Notes
Div. 4
The following changes are proposed to have an effective date of October 1, 2000:
Housing operators must now provide a mattress or pad for any bed or bunk. The bed or bunk must
keep the mattress at least 6 inches off the floor.
Each unit must have a working smoke detector at the time of initial occupancy. The operator is not
responsible for actions of occupants to defeat or disable the detector.
Tent must be made of or treated with flame retardant materials.
OR-OSHA Admin. Order 5-2000, filed 5/18/00, effective 6/1/00 (some portions effective 10/1/00).
Note 4: Oregon’s Legislative Counsel notified OR-OSHA that OAR 437-004-0250(6) did not con-
form to the requirements of ORS 654.182(d). The adopted changes bring the administrative rule into
agreement with the statute. OAR 437-004-0250 is the rule for Safety Committees in Division 4/C,
Agriculture/Safety Awareness.
OR-OSHA Admin. Order 7-2000, filed 7/26/00, effective 7/26/00.
Note 5: Oregon OSHA replaced rules, almost 30 years old, in Division 2, General Industry, about
working on or over water. Existing rules reflect the original intent to apply mostly to log ponds and
similar applications, and do not reflect either current practices or technology. The new rules are the
result of a series of meetings with effected parties including the United States Coast Guard.
Oregon OSHA also placed rules about working on or over water in Division 4, Agriculture. Oregon’s
old standard, Division 81, Agricultural Operations, had these rules but they were erroneously left out
during the writing of the new standard, Division 4, Agriculture. This adoption is to put them back and
update the language for the same reasons as stated above.
In response to public comments, we made one change from the original proposal for both agriculture
and general industry. We added language exempting workers covered by Oregon standards for
commercial divers. The reasoning was that the proposal could have been construed to require divers
to wear personal flotation devices (PFDs).
OR-OSHA Admin. Order 1-2001, filed 1/18/01, effective 3/1/01.
Note 6: Oregon OSHA standards must be as effective as federal OSHA. There were slight
differences in the air contaminants rules. Therefore, OR-OSHA has modified three substances:
Carbon disulfide; Ethylene dibromide; and Mercury and Mercury organo (alkyl), to match federal
OSHA’s standard in construction and maritime. For uniformity, Oregon initiated air contaminant rules
in general industry, construction and agriculture will all reflect the amendments.
Oregon added the skin designation to the three substances listed above. Also, Oregon changed the
PEL to 25 ppm ceiling value for Ethylene dibromide (currently at 30 ppm).
OR-OSHA Admin. Order 4-2001, filed 2/5/01, effective 2/5/01.
4
Agriculture
Division 4 AO 2-2023 Oregon Administrative Rules Oregon Occupational Safety and Health Division
Historical Notes
Div. 4
Historical Notes
Note 7: Oregon OSHA adopted changes to Division 4/H, OAR 437-004-0790, Use of Liquefied
Petroleum Gas or Natural Gas in Fields and Orchards, to bring them into harmony with requirements
of the Oregon Office of State Fire Marshal and the Oregon Building Codes Division. The changes
also clarify the application by excluding portable equipment. The requirement to guard certain tank
installations is deleted after consultation with orchardists and LPG industry representatives. This
requirement was originally set for industrial applications where the hazard of vehicle contact with the
tanks is substantial and frequent. Isolated orchard locations do not present this hazard.
OR-OSHA Admin. Order 7-2001, filed 5/15/01, effective 5/15/01.
Note 8: Oregon OSHA amended the air contaminants standard in Division 4/Z, Agriculture/
Chemical/Toxins. The change is to Table Z-2, to the entry for Methylene Chloride. When federal
OSHA amended the Methylene Chloride standard in general industry, construction, and shipyard
employment, OR-OSHA inadvertently did not amend the table in our agriculture standard to reflect the
lower exposure limit of 25ppm. The exposure limit of 25ppm for methylene chloride is now the same
in general industry, construction, agriculture, and shipyard employment.
OR-OSHA Admin. Order 9-2001, filed 9/14/01, effective 9/14/01.
Note 9: Based on the most recent injury and illness data provided by the Department’s Research and
Analysis Section, the trigger for the top 10 percent of lost work day cases incidence rates for
agriculture has changed from two to one. This change in the administrative rules is precipitated by
ORS 654.176(b)(A). The rule affected is OAR 437-004-0250(1)(b) and note, Safety Committees, in
Division 4/C, Agriculture/Safety Committees.
OR-OSHA Admin. Order 1-2002, filed 2/15/02, effective 2/15/02.
Note 10: The Environmental Protection Agency (EPA), published in the September 1, 2004 Federal
Register, amendments to 40 CFR 170, Worker Protection Standard. EPA amended the 1992
Pesticide Worker Protection Standard to permit optional use of separable glove liners beneath
chemical-resistant gloves. This amendment also makes optional the provision that agricultural pilots
wear gloves when entering or leaving aircraft. All other provisions of the Worker Protection Standard
are unaffected by this rule. EPA believes that these changes will reduce the cost of compliance and
will increase regulatory flexibility without increasing potential risks.
Oregon OSHA adopted these changes as published. These changes are in OR-OSHA’s Division
4/W, Agriculture/Worker Protection Standard.
OR-OSHA Admin. Order 7-2004, filed 12/30/04, effective 12/30/04.
Agriculture
4
Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
Historical Notes
Div. 4
Note 11: A new Respiratory Protection standard was adopted in Division 4/I, Agriculture. OAR 437-
004-1041, Respiratory Protection was adopted as OR-OSHA Administrative Order 3-2006 on June 7,
2006, but will not be effective until March 1, 2007.
The current 437-004-1040, Respiratory Protection will remain in effect through February 28, 2007.
Oregon OSHA will have both standards on the web site and in hard copy until March 2007.
The Respiratory Protection Standard was reworded for clarity and plain language, and to bring the
rules up to Division 2/I standards having one rule for all respirator users.
Summary of changes:
There are new requirements for voluntary use of respirators. You must provide respirator
users with the information contained in Appendix D, and have a medical evaluation required
for respirators with the exception of filtering face-pieces, and have cleaning, storing and
maintenance procedures in the program.
There is a requirement for annual fit-testing of required use of respirators.
There is a change from annual medical evaluations to a medical evaluation before the first fit-
test.
New appendices A, B1, B2 and D were added for procedures on fit-testing (A), user seal
check (B1) and proper cleaning (B2) the medical questionnaire was moved to (C) and
voluntary use information (D). The mandatory appendices C and D are also in Spanish.
There is a section on interior structural firefighting requiring the two in two out rules.
Training is required annually.
A change out schedule for canisters and cartridges is required.
OR-OSHA Admin. Order 3-2006, filed 6/7/06, effective 3/1/07.
Note 12: This rule adds new requirements for exposures to hexavalent chromium, including a lower
airborne permissible exposure limit, an action level, airborne exposure assessments, regulated areas,
change and washing facilities, medical surveillance, and training.
These changes are required to keep OR-OSHA standards as effective as Federal OSHA.
Oregon OSHA did not adopt the exception for pesticide use. Federal OSHA does not regulate the
use of pesticides because the Environmental Protection Agency (EPA) regulates these exposures
through the Worker Protection Standard (WPS). However, since Oregon OSHA enforces the WPS
this exemption does not apply in Oregon.
Oregon OSHA adopted these changes into general industry, construction, agriculture, and maritime.
The proposed amendments to the permissible limit for airborne concentrations of respirable silica
were not adopted in this rulemaking.
OR-OSHA Administrative Order 6-2006, adopted and effective August 30, 2006.
4
Agriculture
Division 4 AO 2-2023 Oregon Administrative Rules Oregon Occupational Safety and Health Division
Historical Notes
Div. 4
Historical Notes
Note 13: Oregon OSHA adopted changes in 16 subdivisions of Division 4, Agriculture, including:
clarify language, correct/add reference changes, add notes, the lead standard is removed from
Division 4 and OAR 437-002-1910.1025 (Division 2/Z) is referenced, added requirements to Roll-Over
Protective Structures (ROPS) due to Federal OSHA changes, changes to General Requirements in
Electricity, a new paragraph on varmint killers, and a new rule on fumigated areas.
OR-OSHA Administrative Order 9-2006, adopted and effective September 22, 2006.
Note 14: Oregon OSHA adopts the Federal OSHA changes as they appear in the August 24, 2006
Federal Register. These changes revise the existing rules on respiratory protection, adding
definitions and new language that establishes Assigned Protection Factors (APFs) and Maximum Use
Concentrations (MUCs) for respirator use. The revisions also supersede the respirator selection
provisions of existing substance-specific standards with these new APFs (except for the respirator
selection provisions of the 1,3-Butadiene Standard).
Federal OSHA developed the final APFs after thoroughly reviewing the available literature, including
chamber-simulation studies and workplace protection factor studies, comments submitted to the
record, and hearing testimony. The final APFs provide employers with critical information to use when
selecting respirators for employees exposed to atmospheric contaminants found in general industry,
construction, shipyards, longshoring, and marine terminal workplaces. Oregon OSHA also adopts
these changes into Division 4, Agriculture. Proper respirator selection using APFs is an important
component of an effective respiratory protection program. Accordingly, Federal OSHA concludes that
the final APFs are necessary to protect employees who must use respirators to protect them from
airborne contaminants.
OR-OSHA Administrative Order 10-2006, adopted and effective November 30, 2006. Changes
to OAR 437-004-1041 (Agriculture) are effective March 1, 2007.
Note 15: Oregon OSHA is correcting typographical errors and incorrect references, which will add
clarity to the Respiratory Protection Standard in Division 4, Agriculture.
OR-OSHA Administrative Order 3-2007, adopted and effective August 13, 2007.
Note 16: After meeting with stakeholders, negotiations with Federal OSHA, and giving consideration
to comments received at hearings, Oregon OSHA adopts these changes to OAR 437-004-1120,
Agricultural Labor Housing (ALH) and Related Facilities, in Division 4/J, Agriculture/Work
Environment, to make our rules “as effective” as those of Federal OSHA.
The major changes are:
Beginning on January 1, 2018, the rule will require all agricultural labor housing, where workers cook,
live and sleep in the same area, to provide 100 square feet per occupant. Square footage
requirements for sleep-only areas will not change.
Agriculture
4
Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
Historical Notes
Div. 4
For units built after April 3, 1980, at least one-half the required floor space in each living area must
have a minimum ceiling height of 7 feet. Floor space with a ceiling height less than 5 feet does not
count toward the minimum required floor space.
Beginning on January 1, 2018, only areas with a 7 foot ceiling height will count toward the required
square footage of any living or sleeping area.
Ratios of sinks and showers will change starting on April 1, 2009. The rules on laundries and window
requirements will also change on April 1, 2009.
Delayed effective dates are to give operators time to secure needed permits from local authorities and
to arrange financing for projects that require major work.
Oregon OSHA removed references to tents. Tents are acceptable labor housing when they meet all
the criteria in the rule, just like any other style housing.
The rule now requires heat be available in all ALH without regard to the time of year.
The rule now requires ‘livestock operations’ be at least 500 feet from all ALH unless the employees in
the housing are employed to tend or otherwise work with the animals. This does not apply to animals
owned by the housing occupants.
OAR 437-002-0142 Temporary Labor Camps in Division 2/J, General Industry/Environmental
Controls, is also amended. The entire text of the rule is removed and new language is added stating
that OAR 437-004-1120 applies in General Industry, Construction, and Forest Activities as well as
Agriculture, except paragraphs (5), (6)(p), and (24).
This is OR-OSHA Administrative Order 4-2008, adopted March 24, 2008 and effective May 1,
2008.
Note 17: Oregon OSHA adopted the Federal OSHA changes as they appear in the November 15,
2007 Federal Register, into Division 2/I, Personal Protective Equipment, Division 3/E, Personal
Protective and Life Saving Equipment, and Division 5, Maritime Activities. The changes codify and
clarify the employers’ responsibility to provide and pay for protective equipment that is necessary for
employees to perform their jobs safely.
In addition to the Federal OSHA changes, Oregon OSHA proposes to replace the existing language in
Division 4/I, Protective Equipment, with language comparable to the new Federal OSHA language for
clarity.
This is OR-OSHA Administrative Order 5-2008, adopted May 1, 2008 and effective May 15, 2008.
4
Agriculture
Division 4 AO 2-2023 Oregon Administrative Rules Oregon Occupational Safety and Health Division
Historical Notes
Div. 4
Historical Notes
Note 18: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal
OSHA’s standards. We are removing several references to consensus standards that have
requirements that duplicate, or are comparable to, other OR-OSHA rules; this action includes
correcting a paragraph citation in one of these rules. We are also removing a reference to American
Welding Society standard A3.0-1969 ("Terms and Definitions") in our general industry welding
standards. This rulemaking is part of a continuing effort to update references to consensus and
industry standards used throughout our rules.
OR-OSHA adopts the changes in general industry as published in the December 14, 2007 Federal
Register with the following exceptions:
Division 2/H, 1910.94(c)(1)(ii), and (3) - In Oregon 437-002-0107 Spray Finishing applies.
Division 2/H, 1910.107 - In Oregon 437-002-0107 Spray Finishing applies.
Division 2/R, 1910.261 - In Oregon 437-002-0312 Oregon Rules for Pulp, Paper, and
Paperboard Mills applies.
A reference to American National Standard Safety Requirements for Explosive-Actuated Fastening
Tools, ANSI A10.3-1995 is removed in Division 4/P, Agriculture/Small Tools.
This is OR-OSHA Administrative Order 7-2008, adopted and effective May 30, 2008.
Note 19: These changes are necessary to resolve issues expressed by Federal OSHA toward making
our rules at least as effective as theirs. In addition, the removal of the heater language is to recognize
new safety technology.
437-004-1120(16) Living Areas.
We will delete paragraph (c)(B) to reflect changes in heater technology. Paragraph (C) will become
(B) and (D) will become (C). Paragraph (B) is adequate to address any hazards related to ribbon-type
heaters as they now come with safety devices to shut them off if they overheat.
437-004-1120(16) Living Areas.
Wording added to paragraph (n) will close a gap in coverage pointed out by Federal OSHA. The result
is that existing housing will be good until the 2018 change date unless it is remodeled. New
construction and existing housing remodeled between this adoption and 2018 will have to meet the
new requirements in paragraph (n).
437-004-1120(18) Common use cooking and eating facilities and equipment.
Federal OSHA requires adding this language to be as effective as their rule. It requires enclosed,
screened shelters for common use cooking and eating facilities.
437-004-1120(19) Dining Halls and equipment.
Federal OSHA requires adding this language to be as effective as their rule. It requires enclosed,
screened shelters for dining halls.
This is Oregon OSHA Administrative Order 1-2009, adopted and effective January 26, 2009.
Agriculture
4
Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
Historical Notes
Div. 4
Note 20: In Oregon, Oregon OSHA administers and enforces the pesticide Worker Protection
Standard (WPS: 40 CFR 170) as adopted in Division 4, Agriculture, Subdivision W, OAR 437-004-
6000.
This rulemaking amends OAR 437-004-6000 to reflect non-substantive corrections and technical
amendments that were published in the Federal Register from 2006 through 2009.
Oregon OSHA is also amending the pesticide Worker Protection Standard (WPS) in Division 7, Forest
Activities, Subdivision A, General Requirements, OAR 437-007-0010, to clarify the references in
Division 7 to the WPS in Division 4.
In addition, Oregon OSHA is amending Division 2, General Industry, Subdivision Z, Toxic and
Hazardous Substances, by adopting a new rule (OAR 437-002-0170) to clarify that under certain
circumstances all parts of the Worker Protection Standard (WPS) apply to general industry
workplaces, and are a part of Division 2 in addition to, and not instead of, any other part of Division 2.
Members of the public submitting written comments expressed support for the changes but noted that
the proposed amendments (being non-substantive) do not go far enough to improve the protection of
Oregon’s affected workers from exposure to pesticides. The changes suggested by these
commenters were outside the parameters of this rulemaking.
This is Oregon OSHA Administrative Order 9-2009, adopted and effective September 21, 2009.
Note 21: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal
OSHA’s standards.
Federal OSHA revised the personal protective equipment (PPE) sections of its general industry,
shipyard employment, longshoring, and marine terminals standards concerning requirements for eye-
and face-protective devices, and head and foot protection.
Federal OSHA updated the references in its regulations to reflect more recent editions of the
applicable national consensus standards that incorporate advances in technology. Federal OSHA
requires that PPE be safely designed and constructed for the tasks performed.
Amendments to the PPE standards include a requirement that filter lenses and plates in eye-
protective equipment meet a test for transmission of radiant energy such as light or infrared.
Oregon OSHA adopted the changes in general industry and maritime activities as published in the
September 9, 2009 Federal Register. The updated references are also made in Oregon OSHA’s
Division 4, Agriculture, and Division 7, Forest Activities.
This is Oregon OSHA Administrative Order 2-2010, adopted and effective February 25, 2010.
Note 22: These changes result from legislation, input from the regulated community and input from
Oregon OSHA staff.
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Changes to Subdivision 4/A, Agriculture/ General Subjects, at OAR 437-004-0002, Scope, cross-
reference and clarify the SIC and NAICS codes to which the Division 4 rules apply. A duplicate rule for
adoption of the Worker Protection Standard (OAR 437-004-0004) was eliminated. In OAR 437-004-
0099, General Standards, a requirement at (1)(b) was rewritten in plain language. At (3), rules for
inspecting workplaces, and at (4)(a), rules for investigating time-loss injuries and illnesses were cross-
referenced with the numbering changes in 4/C Safety Committees and Safety Meetings.
Changes in Subdivision 4/C, Safety Awareness, fulfill Oregon OSHA’s responsibility under a recent
legislative mandate to require all Oregon employers, regardless of size, to have either a safety
committee or to hold safety meetings.
The safety committee rule, OAR 437-004-0250 is repealed on the effective date, January 1, 2011, and
is being replaced with OAR 437-004-0251, Safety Committees and Safety Meetings, incorporating the
changes required by the legislative mandate. The scope of the rule is defined as all agricultural
employers with workers, excluding seasonal workers. All employers with workers can have a safety
committee. The number of (nonseasonal) workers, both full-time and part-time, per location determine
whether the employer also has the option of holding monthly safety meetings instead of having a
safety committee.
The special needs of agricultural employers are addressed by maintaining separate safety orientation
requirements for employers of seasonal workers, as outlined in OAR 437-004-0240, Safety
Orientation for Seasonal Workers. The original definition was maintained in the final rule: Seasonal
workers are “employed in a job tied to a certain time of year by an event or pattern and for not more
than 10 months in a calendar year.” Additional notes were added to this section to cross reference
and explain the minimum training and orientation requirements for seasonal workers who perform only
“hand labor operations” as defined in the rule.
The Division 4/C rules for employers of both seasonal and non-seasonal workers now specifically
state at OAR 437-004-0240(2)(b) and 437-004-0251(2)(b) that safety awareness information must
be communicated “in a manner that workers can understand.” Employers with employees who have
language barriers must “include content that is either translated into the language used to hire and
supervise these employees or that is otherwise effectively conveyed, such as through visual media.”
Changes in Subdivision 4/K, Agriculture/ Medical and First Aid, at OAR 437-004-1305, are mostly
stylistic, putting the existing requirements for first aid, emergency medical treatment, the emergency
medical plan, and emergency eyewash and safety showers into clearer language.
Paragraph (5), Emergency eyewash and shower facilities, are rewritten for the final rule to address
concerns by commenters. The final rule clarifies when eyewash, shower equipment, or both are
required and defines the minimum standards for both plumbed (potable) and self-contained systems.
In the final rule, employers must provide employees with an emergency eyewash, shower equipment,
or both to decontaminate themselves, based on the hazard. Eyewash and shower equipment
requirements apply both to all chemical substances that may be present in the workplace and, for
pesticide products, based on what the pesticide label requires.
Decontamination equipment is no longer linked to its location at a fixed or mobile site but is related to
the hazard.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
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Div. 4
Based on comments received, Oregon OSHA is delaying the effective date to January 1, 2011, for all
changes in this rulemaking.
This is Oregon OSHA Administrative Order 4-2010, adopted July 8, 2010 and effective January
1, 2011.
Note 23: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal
OSHA’s standards.
Oregon OSHA adopted changes to rules in general industry, construction, agriculture, and maritime.
Federal OSHA published a number of rule changes in these industries in the June 8, 2011 Federal
Register. This is Phase III of the Standards Improvement Project (SIP III), the third in a series of
rulemaking by Federal OSHA to improve and streamline the standards. This removes or revises
individual requirements within rules that are confusing, outdated, duplicative, or inconsistent.
Oregon OSHA adopted the majority of the federal changes that include:
Personal Protective Equipment Division 2/I, remove requirements that employers
prepare and maintain written training certification records.
Respiratory Protection revise requirements for breathing-gas containers.
Material Handling/Slings revise standards in general industry, construction, and maritime
standards.
Commercial Division Operations Division 2/T, remove two obsolete recordkeeping
requirements.
General industry and construction remove requirements in numerous standards for
employers to transfer specific records to the National Institute for Occupational Safety and
Health (NIOSH).
Lead amend trigger levels in general industry and construction.
In connection with rule changes in the SIP III rulemaking process, Oregon OSHA adopted additional
changes to the subdivisions and rules opened during this rulemaking activity. We also made reference
changes to Underground Installations in Division 3/P.
Oregon OSHA repealed all of Division 2/I rules with the exception of 1910.134 Respiratory Protection,
1910.137 Electrical Protective Equipment, 437-002-0138 Additional Oregon Rule for Electrical
Protective Equipment, 437-002-0139 Working Underway on Water, and 437-002-1139 Working Over
or In Water.
To replace them, we adopted new Oregon-initiated rule, 437-002-0134 Personal Protective
Equipment, that includes sections covering scope/application, hazard assessment, equipment,
training, payment, fall protection, clothing, high visibility garments, eye, head, foot, leg, hand and skin
protection.
The change in format simplifies the existing text while making little change to the overall rule
requirements with the following exceptions:
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Modifies the hazard assessment requirement to clarify that employers must identify
hazards to the entire body, including the torso and extremities, when performing the
assessment. The assessment is currently limited to head, hands, eyes and face and foot
protection. 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.
Change the fall protection component criteria to align with the systems criteria found in
1926.502 of the construction standards. The training requirement in this rule would also
cover those parts not previously covered, such as fall protection.
Definition of “potable water”:
Previously, Oregon OSHA did not adopt 1910.141(a)(1), so the SIP-III changes to the definition of
potable water must be addressed through Oregon-initiated rules. We will maintain the current
definition of potable water in Division 2/J, 437-002-0141(1)(a), Sanitation and Division 4/J, 437-004-
1105(1)(b), Sanitation. However, for consistency, we changed the definition of potable water in
Division 4/J, 437-004-1110, Field Sanitation for Hand Labor Work, and Division 3/D, 437-003-0015
Drinking Water to the same definition.
MOCA -- 4,4’-Methylene bis (2-chloroaniline):
As a logical extension of the Federal OSHA SIP-III changes to 29 CFR 1910.1003, 13 Carcinogens,
we amended the Oregon Rules for MOCA (4,4’-Methylene bis (2-chloroaniline)) at Division 2/Z, 437-
002-0364. The requirements for respiratory protection are updated and the requirements for transfer
of records is simplified. Most transfer of medical records to NIOSH is eliminated with the SIP III
rulemaking. The employer is required to follow the requirements of the Respiratory Protection rule and
select appropriate respirators based on the selection criteria in 1910.134(d). (The type of respirator to
use is no longer specified.) We will also remove and reserve 437-002-0364(6)(a) which had a
reporting requirement end date of December 1974.
This is Oregon OSHA Administrative Order 4-2011, adopted and effective December 8, 2011.
Note 24: Oregon OSHA proposed changes to Agriculture, Division 4/A General Subjects; 4/B
Definitions; 4/I Protective Equipment; and 4/Z Chemical/Toxins. We removed subdivisions A and B
from this current rulemaking action. Three public hearings were held in June 2012 with no comments
received for proposed changes to subdivisions I and Z. Oregon OSHA adopts one new rule in Division
4/Z, one new appendix in Division 4/I, and amends 23 existing rules in Division 4/I and 4/Z.
Subdivision I modifies the requirements for employers providing Personal Protective Equipment to
include an evaluation of the hazards. A new non-mandatory appendix to Subdivision I provides a
template for employers to use in this evaluation. Also, training requirements are specified for
employees using general PPE. The format of the rules for PPE for parts of the body (head, eyes and
face, hands and feet) is simplified and the requirements are aligned with the requirements in the
Division 2 rules.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
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Div. 4
The format is standardized in the rules for Subdivision Z (Chemicals and Toxins.) The Division 4 Air
Contaminant rules are updated to match the Division 2 Air Contaminant rules. The substance-specific
rules make clear that either the Division 2 or Division 3 rules apply, depending on the type of activity,
if there is an exposure to these toxins.
This is Oregon OSHA Administrative Order 4-2012, adopted September 19, 2012, and effective
January 1, 2013.
Note 25: Oregon OSHA has adopted changes related to the globally harmonized system of chemical
classification and labeling (GHS) into OAR 437-004-9800, the Hazard Communication Standard
(HCS) for Agricultural Employers. In addition, twelve related Division 4 rules were modified to
incorporate the GHS definitions and terminology.
The related rules include the Division 4 universal definitions; and standards for flammable liquids, fire
prevention, pipe labeling, and the storage of hazardous chemicals.
This rulemaking will improve safety for agricultural workplaces by focusing on the hazard
communication requirements pertaining to users of hazardous chemicals (as opposed to those for
manufacturers, importers, and distributors.) These revisions will simplify compliance by establishing a
uniform flow of information about chemical hazards in Oregon OSHA’s Division 4 rules.
This is Oregon OSHA Administrative Order 3-2014, adopted and effective August 8, 2014.
Note 26: Oregon Occupational Safety and Health Division (Oregon OSHA) administers and enforces
the employee safety and health part of the U.S. Environmental Protection Agency (EPA)’s pesticide
Worker Protection Standard (WPS) as adopted in Division 4/ Agriculture as adopted at OAR 437-004-
6000. The standard aims to protect workers those who work in pesticide-treated crop areas and
handlers those who mix, load, and apply pesticides. EPA modified the WPS at the federal level (40
CFR 170) in the November 2, 2015 Federal Register. In response, Oregon OSHA initiated the rule-
making process working with an advisory committee including representatives of labor, employers,
grower organizations, and government and nonprofit agencies, and other stakeholders and
reviewed extensive public comments received both orally at three public hearings held around the
state, and in written format following formal proposal in late 2016.
Oregon OSHA is adopting most of the modified rules initiated by the EPA as well as several Oregon-
initiated rules introduced to reflect the unique circumstances for employers in Oregon. The agency will
continue to enforce the existing WPS through the end of 2017.
The rule changes are expected to lead to an overall reduction in incidents of unsafe pesticide
exposure and to improve the occupational health of agricultural workers and pesticide handlers.
The adopted OARs:
437-004-6001 gives expiration and implementation dates for the existing and revised rules.
The rules codified in Division 4/W as 170.1 through 170.260 will remain in effect through 2017,
and expire on 12/31/2017. The new rules, codified as 170.301 through 170.607, and the other
five new OARs will be implemented beginning on January 1, 2018.
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437-004-6401 and 437-004-6501 provide specific effective dates for the revised subject matter
to be included in training programs for both workers and handlers. In addition, the
requirements for crop advisor training programs necessary to exempt workers and handlers
from WPS training is cross-referenced to the minimum subject matter in these OARs.
437-004-6508 Respiratory Protection and 437-004-6509 Emergency eye-washes and eye
flushing supplies maintain Oregon OSHA’s more protective requirements related to respiratory
protection and emergency eye-washes while fulfilling the EPA’s pesticide label requirements.
437-004-6502 augments training requirements in Oregon for trainers of WPS handlers who
use the Train-the-Trainer qualification described in 170.501(c)(4)(ii) of the WPS. The adopted
rule does not apply to trainers of WPS handlers who meet the qualification as certified
applicators described in 170.501(c)(4)(iii).
The agency will reconsider some details of the 2016 WPS proposal through a separate public
rulemaking process centered on the Application Exclusion Zone (AEZ.) To give more time to fine-tune
those provisions and to ease the transition to the modified rule requirements, Oregon OSHA is
delaying implementation of the modified standard until Jan. 1, 2018. The expected result will be a
revised proposal initiated in 2017, in time for it to take effect with the other modified sections of the
WPS on Jan. 1, 2018.
This is Oregon OSHA Administrative Order 1-2017, adopted February 14, 2017 and effective
January 1, 2018.
Note 27: Oregon OSHA administers and enforces the Environmental Protection Agency’s (EPA)
pesticide Worker Protection Standard (WPS) as adopted in Division 4/W (Agriculture/Worker
Protection Standard), OAR 437-004-6000. Oregon OSHA has adopted two new Oregon
Administrative Rules (OARs) that reflect specific requirements for employers in Oregon.
These rules complement and complete the changes adopted by Oregon OSHA on February 14th,
2017 on the amended Worker Protection Standard adopted by the EPA in the November 2, 2015
Federal Register. The rules, which exceed federal requirements, take effect January 1 ,2019.
The new OARs:
OAR 437-004-6405:
Restrictions associated with outdoor production pesticide applications(which replaces 170.405(a), is a
new rule that describes the Application Exclusion Zone requirements (AEZ) including how employers
ensure enclosed agricultural structures are closed properly, must provide instruction and information,
and a decision matrix that navigates the rule requirements.
OAR 437-004-6406:
Pesticide spray drift and innovative methods is a new rule that describes that if issues relating to
spray drift occur, then the employer is responsible for addressing those issues, and how drift
reduction technologies can be used to gain approval for innovative methods through the variance
process.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
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Div. 4
The WPS rules are also referenced, in Division 2, General Industry, at OAR 437-002-0170; and in
Division 7, Forest Activities, at OAR 437-007-0010.
Pesticides, although a clear necessity in many workplaces, also represent varying levels of risks to
workers and others (depending on both the particular pesticide used and the circumstances of the
application). The Worker Protection Standard, taken as a whole, provides a number of important
protective measures to reduce those risks. However, the risk of unintended exposures due to what is
typically referred to as unintended “drift” can create exposure to workers outside the intended
application area. In the case of worker housing, that exposure can also involve the workers’ family
members. The provisions of this proposed rule as was true of the original EPA rule addressing
AEZs are intended to address that potential by providing an added measure of protection against
unintended and unanticipated exposures outside of the locations where pesticides are intended to be
applied. The AEZ surrounds and moves with spray equipment, beyond the safeguards enforced with
respect to the treated area, must be free of all people other than appropriately trained and equipped
pesticide handlers. The rule changes are expected to lead to an overall reduction in incidents of
unsafe pesticide exposure and to improve the occupational health of agricultural workers and
pesticide handlers.
Oregon OSHA held five hearings in multiple locations on these proposed rules. The division received
938 written comments during the extended comment period and over 100 oral comments at these
hearings. These comments were vast and diverse, and all were considered by Oregon OSHA before
the division adopted the rules as filed. Oregon OSHA published a summary of comments and agency
decisions document on its website for viewing.
This is Oregon OSHA Administrative Order 2-2018, adopted June 29, 2018 and effective January
1, 2019.
Note 28: This rulemaking is to keep Oregon OSHA in harmony with recent changes to federal
OSHA’s standards.
On September 26, 2019, federal OSHA adopted final rules for adding two additional PortaCount®
quantitative fit testing protocols to its Respiratory Protection Standard (29 CFR 1910.134, Appendix
A). These new protocols are: the modified ambient aerosol condensation nuclei counter (MCNC)
quantitative fit testing protocol for full-facepiece and half-mask elastomeric respirators (MCNC-ER);
and the modified ambient aerosol condensation nuclei counter quantitative fit testing protocol for
filtering facepiece respirators (MCNC-FFR). Both protocols (MCNC-ER and MCNC-FFR), are
abbreviated variations of the current federal OSHA-accepted ambient aerosol condensation nuclei
counter (CNC) quantitative fit testing protocol (also referred to as the PortaCount® protocol).
However, both new protocols differ from the original PortaCount® method by exercise sets, exercise
durations, and sampling sequence.
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For Oregon OSHA’s rulemaking purposes, these protocols will serve as alternatives to the four
existing quantitative fit testing protocols already listed in Appendix A of the Respiratory Protection
Standard and will maintain safety and health protections for workers while providing additional
flexibility and reducing compliance burdens for employers. Appendix A in the Respiratory Protection
Standard (29 CFR 1910.134) and Appendix A in OAR 437-004-1041 (Oregon OSHA’s agriculture
respiratory protection standard), are amended to include both the MCNC-ER and MCNC-FFR
protocols. These protocols cover and will be available to employers in general industry, construction,
and agriculture (through amendment of 437-004-1041 to include these additions).
Oregon OSHA also adopted the addition of the controlled negative pressure (CNP) REDON
quantitative fit testing protocol to Appendix A of OAR 437-004-1041. The Respiratory Protection
Standard (29 CFR 1910.134) already has the CNP REDON protocol listed as an option to general
industry and construction employers. This will improve compliance homogeneity between the
Respiratory Protection Standard (29 CFR 1910.134) and OAR 437-004-1041, and provide each
employer group with the same quantitative fit testing protocol options.
One hearing was held on January, 7, 2020, at the Oregon OSHA Salem Field Office. There were no
public comments given at the hearing. The agency received two public comments during the comment
period, and at the end of the comment period decided to adopt the rulemaking changes as proposed.
This is Oregon OSHA Administrative Order 1-2020 adopted and effective February 13, 2020.
Note 29: COVID-19 Workplace Requirements for Employer-Provided Labor Housing, OAR 437-004-
1115.
This rule was needed to protect vulnerable workers in employer-provided labor housing from the
health risks created by the COVID-19 public health emergency, especially those who spend both their
working and their off-work hours at the employer’s location. Oregon OSHA's temporary rule: COVID-
19 Public Health Emergency in Labor Housing and Agricultural Employment (OAR 437-001-0749)
expired on October 24, 2020. On October 23, 2020, Governor Brown issued an Executive Order 20-
58 extending employer-provided housing requirements (Section 2) of OAR 437-001-0749. As the
Governor’s Executive Order was set to expire, the public health emergency remained a substantial
concern in Oregon. As a result, it was necessary to extend the provisions from the Executive Order
with a permanent rule. The exposures created in the labor housing environment, particularly in
working situations requiring large numbers of workers, made these rules necessary to reduce risk to
individual workers. Many workers faced unique challenges in situations where housing is provided as
part of the employment relationship. In consultation with stakeholders, Oregon OSHA modified some
requirements from the temporary rule in the permanent rule given more information concerning
COVID-19 transmission. Oregon OSHA indicated that it would repeal this rule once it is no longer
necessary to address the COVID-19 pandemic in employer-provided labor housing.
This is Oregon OSHA Administrative Order 1-2021, adopted and effective April 30, 2021.
Note 30: Changes to Rules Addressing the COVID-19 Workplace Requirements for Employer-
Provided Labor Housing, OAR 437-004-1115.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
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Div. 4
On June 25, 2021, Governor Kate Brown announced the removal of capacity limits on businesses and
elimination of all mask requirements once the State reached 70 percent of adults vaccinated against
COVID-19 with at least one dose or by June 30, 2021, whichever came first. Consistent with that
decision, Oregon OSHA amended OAR 437-004-1115 COVID-19 Workplace Requirements for
Employer-Provided Labor Housing.
Major changes included the removal of mask requirements. The rule added language that an
employee who chooses to wear a mask, face shield, or face covering, even when it is not required,
must be allowed to do so. In addition, language was added to allow an employee who chooses to
wear a filtering facepiece respirator, must also be allowed to do so under the provisions for voluntary-
use in the Respiratory Protection Standard. Physical distancing monitors were no longer required and
physical distancing was no longer required in dining areas or at mealtimes. The rule did retain the Air
Purification Method and the Capacity Reduction Method for calculating square footage for spaces
where people sleep. Lastly, transportation measures were no longer required. As stated in public
communications and in the rule itself, it was Oregon OSHA’s intent to repeal the entire rule once it is
no longer necessary to address the COVID-19 pandemic in Oregon workplaces.
This is Oregon OSHA Temporary Administrative Order 4-2021, adopted June 30, 2021 and
effective through December 26, 2021.
Note 31: Adoption of OAR 437-002-0155 and OAR 437-004-1130 - Rules to Address Employee
Exposure to High Ambient Temperatures.
In 2021, a deadly heat event in the Pacific Northwest set record-breaking temperatures in Oregon. On
June 28th, Portland International Airport reached 116 °F and other parts of the state were even hotter.
Oregon OSHA had already begun a robust permanent rulemaking process, engaging over 100
stakeholders from Labor and Business interests on a Rules Advisory Committee beginning February
2021. Executive Order 20-04, directed Oregon OSHA to initiate this process, and that rulemaking
activity continued. However, the unprecedented weather highlighted the immediate risks, and made it
necessary to adopt a temporary rule while the permanent rulemaking process continued.
Oregon OSHA adopted Heat Illness Prevention rules in Division 2 - General occupational safety and
health and Division 4 - Agriculture. The rules offered protections in both indoor and outdoor
environments, with exceptions for heat generated from a work process.
This is Oregon OSHA Temporary Administrative Order 6-2021, adopted July 8, 2021 and
effective through January 3, 2022.
Note 32: Amendment of OAR 437-004-1120 to Address High Ambient Temperatures in Labor
Housing.
In 2021, a deadly heat event in the Pacific Northwest set record-breaking temperatures in Oregon. On
June 28th, Portland International Airport reached 116 °F and other parts of the state were even hotter.
The labor housing rules, at that time, did not have provisions for occupants to escape and recover
from high ambient temperatures. The new provisions took effect August 9, 2021.
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Oregon OSHA had already begun a permanent comprehensive Ag Labor Housing rulemaking
process, engaging over 100 stakeholders from Labor and Agricultural interests on a Rules Advisory
Committee beginning November 2018. However, the unprecedented weather highlighted the
immediate risks, making it necessary to address issues of heat in employer-provided labor housing
through a temporary amendment to the full labor housing rules. Oregon OSHA recognized the effect
of heat in such housing, and that its impact is magnified on workers because of their limited ability to
recover from hot outdoor working conditions.
The new provisions required that when the heat index is at or above 80 degrees Fahrenheit, housing
without suitable temperature control (able to keep indoor temperatures under 78 degrees Fahrenheit)
must include common areas to provide some relief from the heat. Employers can provide indoor
cooling rooms (using air conditioners, evaporative coolers, air purifiers with coolers, or other reliable
means) or shaded outdoor rest areas open to the breeze. They also need to equip outdoor rest areas
with misters or provide individual cooling measures that won’t be shared without washing.
Thermometers were now required in all housing units, and humidity gauges encouraged. Employers
must also ensure windows can be shaded or protected from radiant heat and fans are available for
occupant use.
Lastly, the new provisions called for employers to ensure that the occupants in labor housing have
information about heat illness, how to avoid it, and how to contact emergency medical care in the
event of serious illness. Oregon OSHA provided posters in English and Spanish that could be
customized by employer housing operators to support this education.
This is Oregon OSHA Temporary Administrative Order 8-2021, adopted August 2, 2021 and
effective August 9, 2021 through February 4, 2022.
Note 33: Rules to Address Employee Exposure to Wildfire Smoke, OAR 437-002-1080 and 437-004-
9790.
Oregon OSHA adopted temporary rules that apply to public and private employers whose employees
will be exposed to wildfire smoke when the Air Quality Index (AQI) is at or above 101. The rules did
not apply to intermittent exposure of less than 15 minutes in an hour or short-duration exposure of
less than two hours in a single 24 hour period. The rules also did not apply to buildings or enclosed
vehicles with a mechanical ventilation system. The temporary rules were in Division 2 - General
Occupational Safety and Health and Division 4 - Agriculture. With the exception of the training
component, the rules were effective August 9, 2021.
The agency, in consultation with OHA, had already begun a robust permanent rulemaking process,
engaging over 100 stakeholders from Labor and Business interests on a Rules Advisory Committee
beginning February 2021. Executive Order 20-04 directed Oregon OSHA to initiate this process,
which also addressed the health risks of extreme heat. Oregon OSHA originally planned to propose
rules before the end of September. However, the immediate risks posed by the 2021 wildfire season
made it necessary to adopt temporary rules while the permanent rulemaking process continued.
This is Oregon OSHA Temporary Administrative Order 9-2021, adopted August 3, 2021 and
effective August 9, 2021 through February 4, 2022.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
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Div. 4
Note 34: Reduced manganese permissible exposure limit; clarifies, cross-references welding rules
with other standards including confined spaces.
This rulemaking reduced Oregon OSHA’s permissible exposure limit (PEL) for manganese
compounds and fume (as Mn, C.A.S. #7349-96-5) in the Air Contaminants rules for general industry
(Subdivision 2/Z), construction (Subdivision 3/Z), and agriculture (Subdivision 4/Z). The revised PEL is
0.1 mg/m3, as an 8-hour time-weighted average; and retains the ceiling limit of 5 mg/m3.
It clarified and simplified the Oregon-initiated rules that supplement the federal OSHA 29 CFR
1910.252 General Requirements protections in Subdivision 2/Q, and amended:
437-002-0280- Adoption by Reference,
437-002-0282- Job Planning and Layout,
437-002-0283- Additional Protective Clothing Requirements,
437-002-0284- Additional Specifications for Eye and Face Protection,
437-002-0285- Additional Special Precautions,
437-002-0286- Flammable Preservative Coatings,
437-002-0287- Toxic Preservative Coatings,
437-002-0288- Additional General Health Protection,
437-002-0297- Oregon Requirements for Welding or Cutting Containers, and
437-002-0298- Supplied Air Respiratory Equipment.
This rulemaking also adopted three new rules to supplement the requirements in Subdivision 2/Q.
OAR 437-002-0279, Additional Oregon Confined Space Requirements clarifies and
standardizes the protections for workers welding in confined spaces. The rule title emphasizes
that these requirements related to welding in confined spaces are in addition to those in 29
CFR 1910.252.
OAR 437-002-0281, Manganese (includes a new Table OR Q-2.) Offers an alternative to air
monitoring for estimating manganese exposures. The rule allows employers to use specific
levels of respiratory protection based on the assigned protective factor (APF) of the
equipment -- for specific types of welding tasks within specific periods of time and other limits.
The new Table OR Q-2 correlates this approach which is offered as an option, and not as a
requirement.
OAR 437-002-0299, Definitions. Adds a more general definition of terms used in Division 2/Q.
(This new rule is referenced in 437-002-0280 as an substitute for the repealed 1910.251,
replacing the previous reference to 437-002-2253, where the definitions in the rule only pertain
to that specific rule.)
This is Oregon OSHA Administrative Order 11-2021, adopted September 1, 2021, and effective
September 1, 2022.
Note 35: Amended Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided
Labor Housing, OAR 437-004-1115.
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This rule protected vulnerable workers in employer-provided labor housing from the COVID-19 public
health emergency, which had not abated in 2021. The unique exposures created in the labor housing
environment, particularly in working situations requiring large numbers of workers, made this rule
necessary to reduce risk. Many workers faced unique challenges in situations where housing is
provided as part of the employment relationship. It is within this public health context that Oregon
OSHA adopted these permanent amendments to the OAR 437-004-1115: COVID-19 Workplace
Requirements for Employer-Provided Labor Housing.
This rule was first promulgated as a temporary rule, OAR 437-001-0749: COVID-19 Public Health
Emergency in Labor Housing and Agricultural Employment (AO 2-2020), which subsequently expired
on October 24, 2020. On October 23, 2020, Governor Brown issued Executive Order (20-58), which
extended the employer-provided housing requirements (Section 2) of OAR 437-001-0749. Oregon
OSHA then engaged in rulemaking activities and adopted a permanent rule on April 30, 2021 (AO 1-
2021). On June 30, 2021, Oregon OSHA filed a temporary amendment to the rule (AO 4-2021), which
updated its requirements to better align with current information concerning COVID-19 transmission.
Major changes in this rulemaking included the removal of facial covering requirements while in the
labor-housing home environment. The rule adopted language that an employee who chooses to wear
a mask, face shield, or face covering, even when it is not required, must be allowed to do so. In
addition, language was added to allow an employee to wear a filtering facepiece respirator. The
requirements to have physical distancing monitors and enforce physical distancing in dining areas or
at mealtimes were removed from the rule. The rule retained the Air Purification Method and the
“Additional Capacity Reduction Method for calculating square footage for spaces where people sleep.
Lastly, transportation provisions were removed.
Oregon OSHA adopted these amendments to ensure that the rule continued to help protect
vulnerable workers in the least burdensome manner possible and in alignment with the current public
health guidance. It was Oregon OSHA’s intent to repeal all or parts of this rule once they were no
longer necessary to address the COVID-19 pandemic in Oregon workplaces.
This is Oregon OSHA Administrative Order 15-2021, adopted and effective December 21, 2021.
Note 36: Adjusted Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided
Labor Housing, OAR 437-004-1115.
Due to rapidly declining COVID-19 cases and hospitalizations, Oregon OSHA made substantive
changes to OAR 437-004-1115: COVID-19 Workplace Requirements for Employer-Provided Labor
Housing to remove provisions no longer appropriate to this stage of the pandemic. The changes were
in response to Governor Brown’s announcement of updated health guidance on February 28, 2022
and direction from the Oregon Health Authority (OHA).
Major changes included the removal of several sections of the rule, including (3) Ventilation, (5)
Physical distancing monitor, (7) Cleaning and sanitation, and (9) Non-employer-provided
transportation for labor housing. In addition, the (2) Definitions section was greatly simplified.
Agriculture
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Oregon OSHA no longer required the Air Purification Method or the Capacity Reduction Method for
calculating square footage for spaces where people sleep. However, if air purifiers were provided by
the operator as part of this provision, occupants must be allowed to continue to use the air purifier at
no cost including the maintenance of the equipment. If occupants choose to use their own air purifier,
they must be allowed to do so but they are responsible for the maintenance of it.
As was the case before these adjustments, the rule maintained language that an employee who
chooses to wear a mask, face shield, or face covering, even when it is not required, must be allowed
to do so.
These adjustments represented a significant removal of COVID-19 requirements, and were a major
step forward towards the full repeal of the rule. As stated in the rule, Oregon OSHA would repeal the
rule when it is no longer necessary to address the COVID-19 pandemic.
This is Oregon OSHA Temporary Administrative Order 2-2022, adopted April 13, 2022 and
effective April 13, 2022 through October 9, 2022.
Note 37: Rules to Address Employee and Labor Housing Occupant Exposure to High Ambient
Temperatures, OAR 437-002-0156, 437-004-1131, and 437-004-1120.
Oregon OSHA adopted these permanent rules to prevent heat illness when employees are exposed
to high ambient temperatures. Without specific rule requirements, Oregon OSHA recognized that both
employers and workers may not clearly understand expectations of what must be done to prevent
work-related heat illness. The deadly heat wave of June 2021, which contributed to multiple workplace
hospitalizations and fatalities, underscored the need for such rules to protect workers against the
serious risk of work-related heat illness.
The adopted rules apply to all workers in Oregon covered under the Oregon Safe Employment Act
(OSEAct). OAR 437-004-1131 applies to employers covered under Division 4 (Agriculture), while
OAR 437-002-0156 applies to work activities covered under Division 2 (General Industry). Since
worker exposure to high temperature conditions that can increase the risk of heat illness is not limited
to a specific industry, work activities covered under Division 3 (Construction) or Division 7 (Forest
Activities) would also be required comply with OAR 437-002-0155, per additional applicability
requirements under OAR 437-003-0005 and OAR 437-007-0004, respectively.
On March 10, 2020, Governor Brown issued Executive Order 20-04 (EO 20-04) which directed certain
state agencies to reduce greenhouse gas emissions and mitigate the impacts of climate change. EO
20-04 included a directive to the Oregon Health Authority (OHA) and Oregon OSHA to jointly develop
a proposal for standards to protect employees from workplace exposures to excessive heat and
wildfire smoke. In response to EO 20-04, Oregon OSHA, in collaboration with the OHA, a rulemaking
advisory committee, and stakeholders, developed these rules to protect employees from the serious
risk of work-related heat illness.
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Overall, the adopted requirements of OAR 437-004-1131 and OAR 437-002-0156 address the
following: access to shade; drinking water; high heat practices, including the development of heat
illness prevention break schedules for certain temperature thresholds; emergency medical and
actions plans; acclimatization plan; heat illness prevention plan; supervisor and employee training;
and training documentation.
Additionally, this rulemaking amended OAR 437-004-1120 to address the issue of heat in employer-
provided labor housing. Oregon OSHA recognized the effect of heat in such housing, and that its
impact is magnified on workers because of their limited ability to recover from hot outdoor working
conditions.
This is Oregon OSHA Administrative Order 3-2022, adopted on May 9, 2022 and effective June
15, 2022.
Note 38: Rules to Address Employee Exposure to Wildfire Smoke, OAR 437-002-1081, 437-004-
9791.
Oregon OSHA adopted these rules to address worker exposure to unhealthy and hazardous levels of
the primary air contaminant of concern in wildfire smoke, fine particulate matter (PM2.5). While
significant exposures to wildfire smoke can be unhealthy for anyone, workers with pre-existing health
conditions such as asthma, chronic obstructive pulmonary disease (COPD), or heart disease are at
increased risk of serious or fatal health effects when exposed to high levels of PM2.5 in wildfire
smoke. The Oregon Department of Environmental Quality released a report in July 2021: “Wildfire
Smoke Trends and the Air Quality Index” documenting that Oregon’s air quality in 2020 was the worst
on record; additionally, the report states that, “large wildfires have been increasing across the western
United States in the last decade and are expected to become more frequent, according to the
National Interagency Fire Center.” Therefore, these rules were needed to help protect workers from
the hazards of PM2.5 stemming from wildfire events.
The adopted rules apply to all workers in Oregon covered under the Oregon Safe Employment Act
(OSEAct). OAR 437-004-9791 applies to employers covered under Division 4 (Agriculture), while
OAR 437-002-1081 applies to work activities covered under Division 2 (General Industry). Since
worker exposure to unhealthy and hazardous air quality conditions from wildfire emissions is not
limited to a specific industry, work activities covered under Division 3 (Construction) or Division 7
(Forest Activities) would also be required to comply with OAR 437-002-1081, per additional
applicability requirements under OAR 437-003-0005 and OAR 437-007-0004, respectively.
On March 10, 2020, Governor Brown issued Executive Order 20-04 that directed certain state
agencies to reduce greenhouse gas emissions and mitigate the impacts of climate change. EO 20-04
included a directive to the Oregon Health Authority (OHA) and Oregon OSHA to jointly develop a
proposal for rules to protect employees from workplace exposures to excessive heat and wildfire
smoke. In response to EO 20-04, Oregon OSHA, in collaboration with the OHA, a rulemaking advisory
committee, and stakeholders, developed these rules to protect employees from the potentially
detrimental health effects from exposure to unhealthy and hazardous levels of wildfire smoke. Without
these rules, employees likely faced worsening air quality from wildfire emissions without adequate
protections in place.
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Div. 4
As adopted, the rule offered exemptions for certain conditions, including enclosed buildings and
structures in which the air is filtered by a mechanical ventilation system, as well as vehicles with a
cabin air filter system. Wildland firefighting, emergency operations and intermittent exposures (as
defined in the rules) are partially exempt.
The adopted rules required employers to perform an exposure assessment; provide information to
employers and management staff, create and maintain training and documentation; provide for
employer two-way communication with employees; and implement methods of exposure control.
This is Oregon OSHA Administrative Order 4-2022, adopted on May 10, 2022 and effective July
1, 2022.
Note 39: Adoption of Rules Addressing COVID-19 Workplace Requirements for Employer-Provided
Labor Housing, OAR 437-004-1115.
Due to rapidly declining COVID-19 cases and hospitalizations, Oregon OSHA made substantive
changes to OAR 437-004-1115: COVID-19 Workplace Requirements for Employer-Provided Labor
Housing. This rulemaking removed provisions no longer appropriate to that stage of the pandemic.
The changes were in response to Governor Brown’s announcement of updated health guidance on
February 28, 2022 and direction from the Oregon Health Authority.
These proposed changes were in effect as temporary amendments since April 13, 2022 and were set
to expire on October 9, 2022. If these rulemaking adjustments were not made, the rule would have
reverted to the stricter requirements in Administrative Order 15-2021 adopted on December 21, 2021.
Major changes included the removal of several sections of the rule, including (3) Ventilation, (5)
Physical distancing monitor, (7) Cleaning and sanitation, and (9) Non-employer-provided
transportation for labor housing. In addition, the (2) Definitions section was greatly simplified. The
amendments removed the requirement for the use of the Air Purification Method or the Capacity
Reduction Method to calculate the square footage of spaces where people sleep. However, if air
purifiers were provided by the operator as part of this provision, occupants must be allowed to
continue to use the air purifier at no cost including the maintenance of the equipment. If occupants
choose to use their own air purifier, they must be allowed to do so but they are responsible for the
maintenance of it.
As was the case before these adjustments, the rule maintained language that an employee who
chooses to wear a mask, face shield, or face covering, even when it is not required, must be allowed
to do so. These adjustments were a significant removal of COVID-19 requirements, and were a major
step forward towards the full repeal of the rule. As stated in the rule, Oregon OSHA would repeal the
rule when it is no longer necessary to address the COVID-19 pandemic.
Oregon OSHA Administrative Order 6-2022, adopted on October 6, 2022 and effective October
7, 2022.
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Note 40: Rescinded Rules Addressing the COVID-19 Public Health Emergency and Amended Work
Clothing Rules, suspended OAR 437-001-0744 and 437-004-1115 and amended OAR 437-002-0134,
437-003-0134 and 437-004-1030.
In alignment with Oregon Health Authority’s announcement that masks were no longer required in
healthcare settings starting April 3, 2023, Oregon OSHA suspended all COVID-19 related rules
effective April 3, 2023. The temporary rulemaking gave the agency additional time to implement the
permanent rulemaking process to fully repeal the rules.
This rule suspension included OAR 437-001-0744 Rule Addressing COVID-19 Workplace Risks and
437-004-1115 COVID-19 Workplace Requirements for Employer-Provided Labor Housing.
While Oregon OSHA suspended its COVID-19 rules, the agency recognized that some employees
may still feel vulnerable to contracting COVID-19. In response, the agency retainined the ability for an
employee to wear a facial covering, if they so choose, by temporarily amending:
OAR 437-002-0134 Personal Protective Equipment in Division 2,
OAR 437-003-0134 Personal Protective Equipment in Division 3, and
OAR 437-004-1030 Work Clothing in Division 4.
Employers were no longer responsible for providing facial coverings to their employees. However, if
employers required their use they must supply these items at no cost to employees. Oregon OSHA
also added a note stating that employers are not required to allow voluntary use of respirators if an
employee requests to use one in lieu of a face covering.
Oregon OSHA Temporary Administrative Order 1-2023, adopted March 30, 2023 and effective
April 3, 2023 through September 29, 2023.
Note 41: Repeal of Rules Addressing the COVID-19 Public Health Emergency and Work Clothing
Changes, repealed OAR 437-001-0744 and 437-004-1115 and amended OAR 437-002-0134, 437-
003-0134 and 437-004-1030.
Oregon OSHA permanently repealed all of its COVID-19 rules. These rules were already temporarily
suspended through Temporary Administrative Order 1-2023 in alignment with Oregon Health
Authority’s public health order, which rescinded masking requirements in health care settings
(effective April 3, 2023).
The repealed rules included OAR 437-001-0744: Rule Addressing COVID-19 Workplace Risks and
OAR 437-004-1115: COVID-19 Workplace Requirements for Employer-Provided Labor Housing.
While Oregon OSHA repealed COVID-19 rules, the agency recognized that some employees may still
feel vulnerable to contracting COVID-19. In response, the agency retained the ability for an employee
to wear a facial covering, if they so choose, by amending the following work clothing-related rules:
OAR 437-002-0134 Personal Protective Equipment in Division 2,
OAR 437-003-0134 Personal Protective Equipment in Division 3, and
OAR 437-004-1030 Work Clothing in Division 4.
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Oregon Occupational Safety and Health Division Oregon Administrative Rules AO 2-2023 Division 4
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Employers were no longer responsible for providing facial coverings to their employees. However, if
an employer required the use of facial coverings by workers, they must supply these items at no cost
to the employees. Oregon OSHA also added a note stating that employers are not required to allow
the voluntary use of respirators by workers, if an employee requests to use one in lieu of a face
covering.
This rulemaking fulfilled Oregon OSHA’s commitment to repeal all of its COVID-19 rules once such
requirements were no longer necessary to address the COVID-19 pandemic.
Oregon OSHA Administrative Order 2-2023, adopted on August 16, 2023 and effective August
17, 2023.