Oregon Department of Consumer and Business Services, Oregon Occupational Safety and Health Division

Rule Rule 437-001-0096
Red Warning Notice


(1)

The Red Warning Notice shall be authorized by either the Director, Administrator, Manager of Enforcement, or Field Office Supervisors. For purposes of this rule, a Camp Closure Notice is a Red Warning Notice.

(2)

When action is necessary to preclude or eliminate exposure of employees to a condition which, if such exposure occurred or continued, would constitute a violation of any statute or of any lawful regulation, rule, standard, or order, affecting employee safety or health at a place of employment, a Compliance Officer shall obtain permission to post a Red Warning Notice. The notice shall be posted in plain view of any person likely to use the place of employment, machine, device, apparatus, or equipment that constitutes the hazard.

(3)

Any place of employment, machine, device, apparatus, or equipment on which a Red Warning Notice has been posted shall not be operated or used by any person until:

(a)

The condition has been made safe and healthful; and

(b)

The Red Warning Notice has been removed by the Division; however

(c)

Nothing in this section prohibits an employer from using any place of employment, or operating any machine, device, apparatus, or equipment, exclusively for the purpose of remedying the violation, pursuant to the instructions on the Red Warning Notice.

(4)

No person shall deface or destroy a Red Warning Notice, or remove it without authorization from the Division.

(5)

The Red Warning Notice will be removed after:

(a)

Notification from the employer that the condition has been corrected; and

(b)

A follow-up inspection or other information confirms that the condition has been corrected.

(6)

Any person who violates or directs another to violate OAR 437-001-0096 (Red Warning Notice)(3) or (4) shall be assessed a civil penalty of not less than $100 and not more than $5000 for each such violation.

(7)

Any employer who violates or directs an employee to violate OAR 437-001-0096 (Red Warning Notice)(3), and the violation is determined to be a willful violation, may be assessed a civil penalty of not less than $8,900 and not more than $126,749.
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Last accessed
Jun. 8, 2021