OAR 437-004-1250
Confined and Hazardous Spaces

(1)

Definitions.

(a)

Competent person is somebody who can identify existing and predictable hazards and take measures to eliminate them.

(b)

Confined space is a space that:

(A)

Is large enough and so configured that an employee can bodily enter and work; and

(B)

Has limited or restricted entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits may have limited entry); and

(C)

Is not designed for continuous employee occupancy.

(c)

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.

(d)

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.

(e)

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.

(f)

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 will enter or work in any confined space with an atmosphere immediately dangerous to life or health, 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);

(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 will 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 will 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.

(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 must 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 (The Control of Hazardous Energy (Lockout/Tagout)).

(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.

(k)

Lockout/tagout. Follow the procedures of OAR 437-004-1275 (The Control of Hazardous Energy (Lockout/Tagout)), 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.

Source: Rule 437-004-1250 — Confined and Hazardous Spaces, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=437-004-1250.

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 437-004-1250’s source at or​.us