OAR 437-001-0760
Rules for All Workplaces

(1)

Employers’ Responsibilities.

(a)

The employer must see that workers are properly instructed and supervised in the safe operation of any machinery, tools, equipment, process, or practice that they are authorized to use or apply. This rule does not require a supervisor on every part of an operation nor prohibit workers from working alone.

(b)

The employer must take all reasonable means to require employees:

(A)

To work and act in a safe and healthful manner;

(B)

To conduct their 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, that are necessary to safely accomplish all work where employees are exposed to a hazard; and

(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 while such use is required by applicable safety and health rules.

(c)

Every employer is responsible for providing the health hazard control measures necessary to protect the employees’ health from harmful or hazardous conditions and for maintaining such control measures in good working order and in use.

(d)

Every employer must inform the employees regarding the known health hazards to which they are exposed, the measures which have been taken for the prevention and control of such hazards, and the proper methods for utilizing such control measures.

(e)

Every agent of the employer is responsible for:

(A)

The safe performance of the work under the agent’s supervision or control;

(B)

The safe conduct of all employees under the agent’s supervision or control;

(C)

The safety of all employees working under the agent’s supervision or control.

(2)

Employees’ Responsibilities.

(a)

Employees must conduct their work in compliance with the safety rules contained in this code.

(b)

All injuries must be reported immediately to the person in charge or other responsible representative of the employer.

(c)

It is the duty of all workers to make full use of safeguards provided for their protection. It is the worker’s responsibility to abide by and perform the following requirements:

(A)

A worker must not operate a machine unless guard or method of guarding is in good condition, working order, in place, and operative.

(B)

A worker must stop the machine or moving parts and properly tagout or lockout the starting control before oiling, adjusting, or repairing, except when such machine is provided with means of oiling or adjusting that will prevent possibility of hazardous contact with moving parts.

(C)

A worker must not remove guards or render methods of guarding inoperative except for the purpose of adjustment, oiling, repair, or the setting up a new job.

(D)

Workers must report to their supervisor any guard or method of guarding that is not properly adjusted or not accomplishing its intended function.

(E)

Workers must not use their hands or any portion of their bodies to reach between moving parts or to remove jams, hangups, etc. (Use hook, stick, tong, jig, or other accessory.)

(F)

Workers must not work under objects being supported that could accidentally fall (such as loads supported by jacks, the raised body of a dump truck, etc.) until such objects are properly blocked or shored.

(G)

Workers must not use defective tools or equipment. No tool or piece of equipment should be used for any purpose for which it is not suited, and none should be abused by straining beyond its safe working load.

(d)

Workers must not remove, deface, or destroy any warning, danger sign, or barricade, or interfere with any other form of accident prevention device or practice provided which they are using, or which is being used by any other worker.

(e)

Workers must not work underneath or over others exposed to a hazard thereby without first notifying them and seeing that proper safeguards or precautions have been taken.

(f)

Workers must not work in unprotected, exposed, hazardous areas under floor openings.

(g)

Long or unwieldy articles must not be carried or moved unless adequate means of guarding or guiding are provided to prevent injury.

(h)

Hazardous conditions or practices observed at any time must be reported as soon as practicable to the person in charge or some other responsible representative of the employer.

(i)

Workers observed working in a manner which might cause immediate injury to either themselves or other workers must be warned of the danger.

(j)

Before leaving a job, workers must correct, or arrange to give warning of, any condition which might result in injury to others unfamiliar with existing conditions.

(3)

Investigations of Injuries.

(a)

Each employer must investigate or cause to be investigated every lost time injury that workers suffer in connection with their employment, to determine the means that should be taken to prevent recurrence. The employer must promptly install any safeguard or take any corrective measure indicated or found advisable.

(b)

At the request of authorized Department representatives, it is the duty of employers, their superintendents, supervisors, and employees to furnish all pertinent evidence and names of known witnesses to an accident and to give general assistance in producing complete information which might be used in preventing a recurrence of such accident. At the request of the Department, persons having direct authority must preserve and mark for identification, materials, tools, or equipment necessary to the proper investigation of an accident.

(4)

Intoxicating Liquor and Drugs. The use of intoxicating liquor on the job is strictly prohibited. Anyone whose ability to work safely is impaired by alcohol, drugs, or medication must not be allowed on the job while in that condition.

(5)

Horseplay. There must be no horseplay, scuffling, practical jokes, or any other activity of a similar nature.

(6)

Extraordinary Hazards. When conditions arise that cause unusual or extraordinary hazards to workers, additional means and precautions shall be taken to protect workers or to control hazardous exposure. If the operation cannot be made reasonably safe, regular work must be discontinued while such abnormal conditions exist, or until adequate safety of workers is ensured.

(7)

Inspections.

(a)

All places of employment must be inspected by a qualified person or persons as often as the type of operation or the character of the equipment requires. Defective equipment or unsafe conditions found by these inspections must be replaced or repaired or remedied promptly.

(b)

Wherever required in this safety code, a written and dated report, signed by the person or persons making the inspection, must be kept.

Source: Rule 437-001-0760 — Rules for All Workplaces, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=437-001-0760.

437–001–0001
Model Rules of Procedure 437–001–0002
Notice to Interested Persons of Rulemaking 437–001–0005
Authority and Applicability of Rules 437–001–0010
Purpose and Scope of Rules 437–001–0015
Definitions 437–001–0020
Authority to Administer 437–001–0025
Liberal Construction 437–001–0030
Use of Gender and Number 437–001–0035
Occupational Safety and Health Rules 437–001–0045
Adoption, Amendment, or Repeal of Rules 437–001–0047
Voluntary Compliance Program, General 437–001–0050
Enforcement Program, General 437–001–0053
Preserving Physical Evidence at the Scene of an Accident 437–001–0055
Priority of Inspections 437–001–0057
Scheduling Inspections 437–001–0060
Advance Notice 437–001–0065
Right of Entry 437–001–0070
Inspection Warrants 437–001–0075
Opening Conference 437–001–0080
Inspection Without Employer or Employer Representative 437–001–0085
Employee Representation on Inspection Team 437–001–0090
Inspection Procedures 437–001–0096
Red Warning Notice 437–001–0099
Closing Conference 437–001–0135
Evaluation of Probability to Establish Penalties 437–001–0140
Evaluation of Severity to Establish Penalties 437–001–0145
Penalty for Other than Serious or Serious Violation 437–001–0155
Determination of Penalty — Failure to Correct 437–001–0160
Penalty Criteria — Repeat Violation 437–001–0165
Determination of Penalty — Repeat Violation 437–001–0170
Determination of Penalty — Failure to Report an Occupational Fatality, Catastrophe, or Accident 437–001–0171
Determination of Penalty — Failure to Register a Farm Labor Camp/Facility 437–001–0175
Determination of Penalty — Willful or Egregious Violation 437–001–0176
Determination of Penalty — Failure to Notify Employees of Advance Notice 437–001–0180
Determination of Penalty — Relating to Red Warning Notice 437–001–0201
Determination of Penalty — Relating to Field Sanitation 437–001–0203
Determination of Penalty — Relating to Violations Which Have No Probability and Severity. 437–001–0205
Citation and Notice of Penalty 437–001–0215
Employer Response to Citation and Notice of Penalty 437–001–0220
Payment of Penalties 437–001–0225
Penalty for Falsification 437–001–0230
Correction of Violation 437–001–0231
Abatement Verification 437–001–0235
Failure to Correct Violation 437–001–0240
Extension of Correction Date — Application 437–001–0245
Extension of Correction Date — Decision 437–001–0250
Extension of Correction Date — Revocation 437–001–0251
Extension of Correction Date — Hearing on the Application 437–001–0255
Requesting an Appeal and an Informal Conference 437–001–0265
Amendment, Reissue or Withdrawal of Citation 437–001–0270
Discretion To Prevent a Manifest Injustice 437–001–0275
Posting Requirements 437–001–0280
Posting on Selected Multi-Employer Jobsites 437–001–0285
Form and Content of a Complaint 437–001–0290
Division Action on Complaints 437–001–0295
Discrimination Complaint 437–001–0400
Application for a Variance 437–001–0405
Interim Order Relating to a Variance 437–001–0410
Administrative Action on Variance Application 437–001–0411
Hearings for Variance Applications 437–001–0415
Criteria for Variance Approval 437–001–0420
Decision on Variance Request 437–001–0425
Employer’s Duty to Meet Variance Terms 437–001–0430
Modification or Revocation of a Variance 437–001–0435
Effect of a Variance Granted by the U.S. Secretary of Labor 437–001–0450
Voluntary Compliance Consultative Services 437–001–0455
Application for Consultative Services 437–001–0460
Consultation 437–001–0700
Recording Workplace Injuries and Illnesses 437–001–0704
Reporting Fatalities, Catastrophes, Injuries and Illnesses to Oregon OSHA 437–001–0706
Recordkeeping for Health Care Assaults 437–001–0740
Falsification or Failure to Keep and Post Records or Make Reports 437–001–0742
Recordkeeping Variances and Exceptions 437–001–0744
Rule Addressing COVID-19 Workplace Risks 437–001–0760
Rules for All Workplaces 437–001–0765
Safety Committees and Safety Meetings. 437–001–0800
Application Procedures 437–001–0805
Application Review 437–001–0810
Grant Awards 437–001–0830
Authority for Rules 437–001–0835
Purpose of Rules 437–001–0840
Applicability of Rules 437–001–0845
Definitions 437–001–0850
Administration of Rules 437–001–0855
Assistance Available under the Worksite Redesign Program 437–001–0860
Eligibility for Worksite Redesign Assistance 437–001–0865
Procedure to Use the Worksite Redesign Program 437–001–0870
Application Review 437–001–0875
Grant Awards 437–001–0880
Program Evaluation 437–001–0885
Audits 437–001–0890
Sanctions 437–001–0895
Issuance/Service of Sanction Orders 437–001–1005
Authority and Applicability of Rules 437–001–1010
Purpose and Scope 437–001–1015
Definitions 437–001–1020
General Requirements 437–001–1025
Notification of Services 437–001–1030
Requests for Services 437–001–1035
Loss Prevention Services 437–001–1040
Required Loss Prevention Services 437–001–1050
Self-Insured and Group Self-Insured Employer Loss Prevention Assistance 437–001–1055
Self-Insured and Group Self-Insured Employer Loss Prevention Programs 437–001–1060
Self-Insured and Group Self-Insured Employer Loss Prevention Effort 437–001–1065
Penalty Provisions for Insurers
Last Updated

Jun. 8, 2021

Rule 437-001-0760’s source at or​.us