OAR 437-004-0100
Universal Definitions


(1)

These definitions apply throughout Division 4, Agriculture, except that the definitions in Subdivision 4/W, adopted from 40 CFR 170, Worker Protection Standard, apply to the rules within that Subdivision.

(a)

Accepted — Something is accepted if:

(A)

A nationally recognized testing laboratory has inspected it and found it to conform to specified plans or to procedures of applicable codes; or

(B)

It is verified by design, evaluation, or inspection by a registered professional engineer; or

(C)

It is acknowledged by the authority having jurisdiction, the agency, office, or organization that is responsible for approving specific equipment, materials, installations, or procedures. (Examples of such authorities include the U.S. Department of Transportation, the U.S. Coast Guard, the Oregon Building Codes Division, and the Office of the State Fire Marshal.)

(b)

Agricultural employer — means any person, corporation, association, or other legal entity who meets the definition of an employer in ORS 654.005 (Definitions)(5) and who:

(A)

Owns or operates an agricultural establishment; or

(B)

Recruits and supervises employees who work for an agricultural establishment; or

(C)

Is responsible for the management or condition of, or exercises direction and control over the production on, an agricultural establishment.

(c)

Agricultural establishment — means a farm, ranch, nursery, greenhouse, or production facility that is a place of employment and is engaged in the activities described in Division 4/A, 437-004-0002 (Scope) Scope.

(d)

Approved — means acceptable for the purposes of rule compliance, under the following criteria:

(A)

It is accepted, or certified, or listed, or labeled or otherwise determined to be safe by a nationally recognized testing laboratory; or

(B)

If an installation or equipment is of a kind which no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, it has been inspected or tested by another authority having jurisdiction and found to be in compliance with the provisions of the applicable code; or

(C)

Custom-made equipment or related installations that are designed and fabricated for a certain intended use by its manufacturer. The employer must keep and make available the test data that is used as the basis of this approval, for inspection.)

(e)

Boiling point — The temperature at which the liquid form of a substance changes into a vapor, at a standard atmospheric pressure. The initial boiling point of a substance is determined according to test methods specified in Appendix B to Division 2/Z, 1910.1200, Hazard Communication Standard.

(f)

CAS — is the Chemical Abstracts Service Registry Number, a unique numerical identifier assigned by the Chemical Abstracts Service to every chemical described in the open scientific literature.

(g)

Capacity — is the maximum load or severity of service (determined by the manufacturer or a qualified engineer) that a tool, machine, equipment, structure, or material is expected to withstand without failure, deformation, separation or fracture.

(h)

Certified — is something that:

(A)

Was tested and found by a nationally recognized testing laboratory to meet recognized standards or to be safe for use in a specified manner, or

(B)

Is of a kind whose production is periodically inspected by a nationally recognized testing laboratory, and

(C)

Shows a label, tag, or other record of certification.
(i)
Combustible — A substance or material that is able or likely to catch fire and burn.

(j)

Combustible liquid — The “combustible liquid” classification is no longer used in Division 4 rules because it was eliminated by the globally harmonized classification and labeling system (GHS) adopted in OSHA’s Hazard Communication Standard. Any liquid with a flash point of 199.4°F (93 degrees C.) or less is considered to be one of the four categories of flammable liquids. (See “Flammable liquids,” below.)
NOTE: The term “combustible liquid” is still used by the National Fire Protection Association (NFPA) system of classification and by the Oregon State Fire Marshal to classify liquids that will burn but do not ignite as easily as flammable liquids. The NFPA system defines some chemicals as “combustible liquids” that would be included as a category of “flammable liquid” in the OSHA/GHS classification system. (See Appendix A to Subdivision 4/H, 437-004-0720 (Flammable and Combustible Liquids) Flammable Liquids, for a comparison of the GHS and NFPA systems of classification of flammable/combustible liquids.)

(k)

Competent person – is a person who, because of training and experience, can identify existing and predictable hazards in equipment, material, conditions or practices; and, who has the knowledge and authority to take corrective steps.

(l)

Explosive — something capable of causing damage to the surroundings by chemical reaction. Explosives are defined in Appendix B to 1910.1200 – Physical Hazard Criteria at B.1 EXPLOSIVES.

(m)

Farming — Is the production of agricultural field crops, tree crops; horticultural specialties, greenhouse crops; and the production of livestock and animal specialties. Farming includes farm labor and management services; agricultural services and support activities (such as soil preparation; crop cultivation, protection, and harvesting;) and, the basic preparation of the crop or commodity for market. The farming production process is typically completed at the “farm gate” – that is, at the point of first sale or price determination.
NOTE: Throughout this division, the term “farming,” “agriculture,” “production agriculture,” and “agricultural operations” are synonymous.

(n)

Flammable — Capable of being easily ignited, burning intensely, or having a rapid rate of flame spread. Flammable substances are defined in Appendix B to 1910.1200 — Physical Hazard Criteria at B.2 FLAMMABLE GASES, B.3 FLAMMABLE AEROSOLS, B.6 FLAMMABLE LIQUIDS, and B.7 FLAMMABLE SOLIDS.

(o)

Flammable liquids — are liquids having a flash point at or below 199.4 degrees F. (93 degrees C.) As defined in the globally harmonized system of classification and labeling (GHS) adopted in OSHA’s Hazard Communication Standard, flammable liquids are divided into four categories as follows:

(A)

Category 1 includes liquids that have a flashpoint below 73.4 degrees F. (23 degrees C.) and have a boiling point at or below 95 degrees F. (35 degrees C.)

(B)

Category 2 includes liquids that have a flashpoint below 73.4 degrees F. (23 degrees C.) and have a boiling point above 95 degrees F. (35 degrees C.)

(C)

Category 3 includes liquids that have a flashpoint in a temperature range from at or above 73.4 degrees F. (23 degrees C.) to at or below 140 degrees F. (60 degrees C.)

(D)

Category 4 includes liquids that have a flashpoint in a temperature range from above 140 degrees F. (60 degrees C.) to at or below 199.4 degrees F. (93 degrees C.)
NOTE: Examples of some common flammable liquids are:
Category 1: Diethyl ether (solvent sometimes used in starting fluid).
Category 2: Gasoline (Benzene, Ethanol).
Category 3: Kerosene, Stoddard Solvent.
Category 4: Diesel fuel, Naphthalene.

(p)

Flashpoint — is the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid, as determined by specific testing methods. These test methods are specified in Appendix B to Division 2/Z, 1910.1200, Hazard Communication Standard.

(q)

Hazardous Chemical — is any chemical which is classified, under the requirements of the Hazard Communication Standard, as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.
NOTE: See Division 2/Z, 1910.1200 Hazard Communication Standard, for more information.

(r)

Ignition source — the origin of something that results in a fire or an explosion. Examples include open flames; smoking; cutting and welding; hot surfaces and radiant heat; frictional heat; static, electrical, and mechanical sparks; chemical and physical-chemical reactions; spontaneous ignition; and lightning.

(s)

Labeled — Something is labeled if:

(A)

It has an attached label, symbol, or other identifying mark of a nationally recognized testing laboratory that makes periodic inspections of the production of such equipment; or

(B)

The attached information indicates compliance with nationally recognized standards or tests to determine safe use in a specified manner.

(t)

Listed — is something mentioned in a list that:

(A)

Is published by a nationally recognized laboratory that makes periodic inspection of the production of such equipment, and

(B)

States such equipment meets nationally recognized standards or was tested and found safe for use in a specified manner.

(u)

Nationally Recognized Testing Laboratory — (NRTL) is defined in 1910.7 Definition and Requirements for a Nationally Recognized Testing Laboratory and OAR 437-002-0007 (Testing and Certification) Oregon Rule on Testing and Certification Program. (Examples of organizations in this category are Factory Mutual Engineering Corporation, and Underwriters’ Laboratories.)
(v)
Place of employment — is every place (fixed, movable or moving) where an employee works or is intended to work. It includes every place where (either temporarily or permanently) there is any activity related to an employer’s business, including a labor camp.
NOTE: “Place of employment” does not include a place where the only employment involves nonsubject workers employed in or about a private home; or a farm where only the farm’s family members are employed.

(w)

Qualified person — is a person who has a recognized degree, certification, professional standing, knowledge, training or experience; and has successfully demonstrated the ability to perform the work, or solve or resolve problems relating to the work, subject matter, or project.
(x)
Reasonable means — is what a prudent person, familiar with the circumstances of the industry would do to work in a safe and healthful manner.

(y)

Safeguard — is any form of safety device or equipment; personal protective equipment; guard or barricade; warning device, sign, or method; or a process prescribed or adopted for the protection of an employee.

(z)

Substantial — means constructed with sufficient strength or installed to provide ample support to withstand loads to which the structure or device may be subjected.

(aa)

Worker — is identical in every respect to “employee” as defined in ORS 654.005 (Definitions)(4) including:

(A)

Any individual, including a minor, whether lawfully or unlawfully employed, who engages to furnish services for a remuneration, financial or otherwise, subject to the direction and control of an employer; and

(B)

Any individual who is provided with workers’ compensation coverage as a subject worker pursuant to ORS chapter 656, whether by operation of law or by election.

(bb)

Workplace — See “Place of Employment,” above.

Source: Rule 437-004-0100 — Universal Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=437-004-0100.

437–004–0001
Application
437–004–0002
Scope
437–004–0003
Exclusive Coverage
437–004–0005
Access to Employee Exposure and Medical Records
437–004–0099
General Standards
437–004–0100
Universal Definitions
437–004–0150
Standards Organizations
437–004–0240
Safety Orientation for Seasonal Workers
437–004–0251
Safety Committees and Safety Meetings
437–004–0310
Working Surfaces
437–004–0320
Guarding Floor and Wall Openings and Holes
437–004–0330
Fixed Industrial Stairs
437–004–0340
Portable Ladders
437–004–0350
Orchard Ladders
437–004–0360
Fixed Ladders
437–004–0370
Scaffolding
437–004–0380
Manually Propelled Mobile Ladder Stands and Scaffolds (Towers)
437–004–0390
Other Working Surfaces
437–004–0405
Exits and Emergency Action Plan
437–004–0450
Emergency Action Plan
437–004–0570
Manlifts
437–004–0610
Ventilation
437–004–0630
Noise Exposure
437–004–0650
Ionizing Radiation
437–004–0710
Compressed Gases
437–004–0715
Acetylene
437–004–0716
Oxygen
437–004–0717
Hydrogen
437–004–0720
Flammable and Combustible Liquids
437–004–0725
Spray Finishing
437–004–0770
Explosives and Blasting Agents
437–004–0780
Storage and Handling of Liquefied Petroleum Gases
437–004–0790
Use of Liquefied Petroleum Gas or Natural Gas in Fields and Orchards
437–004–0800
Storage and Handling of Anhydrous Ammonia
437–004–0950
Hazardous Waste Operations and Emergency Response (HAZWOPER)
437–004–1005
General Requirements for Protective Equipment
437–004–1020
Personal Fall Protection
437–004–1030
Work Clothing
437–004–1035
Eye and Face Protection
437–004–1041
Respiratory Protection
437–004–1050
Head Protection
437–004–1060
Hand, Foot, and Extremity Protection
437–004–1070
Working Underway on Water
437–004–1075
Working Over or In Water
437–004–1105
Sanitation
437–004–1110
Field Sanitation for Hand Labor Work
437–004–1115
COVID-19 Workplace Requirements for Employer-Provided Labor Housing
437–004–1120
Agricultural Labor Housing and Related Facilities
437–004–1140
Lighting
437–004–1150
Safety Colors for Marking Physical Hazards
437–004–1180
Accident Prevention Signs
437–004–1250
Confined and Hazardous Spaces
437–004–1260
Manure Lagoons, Storage Ponds, Vats, Pits and Separators
437–004–1275
The Control of Hazardous Energy (Lockout/Tagout)
437–004–1305
Medical Services and First Aid
437–004–1430
Sources of Fire
437–004–1440
Required Postings
437–004–1450
Extinguishers
437–004–1460
Fire Prevention Plan
437–004–1470
Employee Equipment and Training
437–004–1505
Air Receivers and Pressure Systems
437–004–1525
Boilers and Steam Systems
437–004–1610
General Requirements
437–004–1630
Conveyors
437–004–1670
Automotive Hoists
437–004–1680
Storage of Hazardous Chemicals
437–004–1700
Forklifts and Other Powered Industrial Trucks
437–004–1750
Helicopters
437–004–1805
Rope, Chain, Rigging, and Hoists
437–004–1825
Tackle and Hoisting Equipment
437–004–1910
General Equipment Guarding
437–004–1940
Farm Field Equipment
437–004–1970
Farmstead Equipment
437–004–2000
Powered Saws
437–004–2100
Grinders
437–004–2220
General Requirements — Small Tools
437–004–2230
Guarding and Operation of Portable Powered Tools
437–004–2240
Power Lawnmowers
437–004–2260
Other Portable Tools and Equipment
437–004–2310
General Requirements
437–004–2350
Oxygen-Fuel Gas Welding and Cutting
437–004–2400
Arc Welding and Cutting
437–004–2810
General Requirements
437–004–2850
Temporary Lighting and Wiring
437–004–2860
Flexible Cable and Extension Cords
437–004–2870
Attachment Plugs and Receptacles
437–004–2880
Cord and Plug-Connected Equipment
437–004–2900
Grounding and Bonding
437–004–2950
Switches and Circuit Breakers
437–004–3000
Identification and Load Ratings
437–004–3050
Work Near Overhead Lines
437–004–3075
Agricultural Buildings with Special Hazards
437–004–3100
Excavation
437–004–3410
Agricultural, Commercial and Industrial Vehicles
437–004–3420
Working from Vehicles and Vehicle Loads
437–004–3430
Training for Agriculture Tractor Operators
437–004–3460
Industrial Vehicles
437–004–3480
Bridges, Roads and Ramps
437–004–3550
Servicing Multi Piece and Single Piece Rim Wheels
437–004–3600
Roll-Over Protective Structures (ROPS) for Tractors in Agriculture
437–004–3650
Roll-Over Protective Structures — Industrial Vehicles
437–004–3660
Vehicle-Mounted Elevating and Rotating Work Platforms
437–004–6000
Adoption by Reference of Federal Standard
437–004–6001
Expiration and Implementation Dates
437–004–6401
Effective dates for worker training programs in Oregon
437–004–6405
Restrictions Associated With Outdoor Production Pesticide Applications
437–004–6406
Pesticide Spray Drift and Innovative Methods
437–004–6501
Handler training programs in Oregon
437–004–6502
Oregon requirements for Worker Protection Standard trainers of handlers who qualify using train-the-trainer programs
437–004–6508
Respiratory Protection
437–004–6509
Emergency eye-washes and eye flushing supplies
437–004–9000
Oregon Rules for Air Contaminants
437–004–9010
Fumigated Areas.
437–004–9050
Asbestos
437–004–9090
13 Carcinogens
437–004–9600
Lead
437–004–9620
Cadmium
437–004–9626
Chromium (VI)
437–004–9640
Benzene
437–004–9650
Bloodborne Pathogens
437–004–9710
Acrylonitrile
437–004–9720
Thiram
437–004–9740
Ethylene Oxide
437–004–9760
Formaldehyde
437–004–9780
Methylendianiline
437–004–9800
Hazard Communication Standard for Agricultural Employers
437–004–9830
Retention of Department of Transportation (DOT) Markings, Placards and Labels
437–004–9850
Pipe Labelling
437–004–9860
Hazardous Chemicals in Laboratories
Last Updated

Jun. 8, 2021

Rule 437-004-0100’s source at or​.us