Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, Chapter 437
Rule Caption: Proposed changes in Division 4, Agriculture – subdivisions A, B, I, and Z.
Date: Time: Location:
6-11-12 10 a.m. Woodburn Grange 908 N Settlemier Ave. Woodburn, OR 97071-3163
6-19-12 11 a.m. Cherry Park Grange 1002 Lambert Rd. The Dalles, OR 97058
6-22-12 10 a.m. Central Point Grange 436 E Pine St. Central Point, OR 97502-1937
Hearing Officer: Sue Joye
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: OAR 654.001–654.295
Proposed Adoptions: 437-004-9626
Proposed Amendments: 437-004-0001, 437-004-0002, 437-004-0003, 437-004-0005, 437-004-0100, 437-004-1005, 437-004-1020, 437-004-1030, 437-004-1035, 437-004-1041, 437-004-1050, 437-004-1060, 437-004-1070, 437-004-1075, 437-004-9000, 437-004-9050, 437-004-9090, 437-004-9600, 437-004-9620, 437-004-9640, 437-004-9650, 437-004-9710, 437-004-9740, 437-004-9760, 437-004-9780, 437-004-9830, 437-004-9850, 437-004-9860
Last Date for Comment: 6-29-12, Close of Business
Summary: Oregon OSHA proposes to add one new rule, two new Appendices, and to modify the language in twenty-eight existing rules in four Subdivisions of Division 4/ Agriculture.
In Subdivision A, the scope of the Division 4 rules is redefined, based on activities rather than the current references to the North American Industrial Classification System (NAICS) and Standard Industrial system (SIC) codes. A revision limits the “exclusive coverage” for agricultural employers by the Division 4 rules to employers engaged in agricultural operations. Agricultural employers who also engage in activities that are outside the scope of agricultural operations are subject to applicable rules in Division 2, General Industry; Division 3, Construction; or Division 7, Forest Activities. A new non-mandatory appendix to Subdivision A cross-references activities that are typically covered by the Division 4 rules – and those that typically fall outside of Division 4 – with the SIC and NAICS codes descriptions of industries.
Subdivision B defines the key terms used in determining the scope of the rules such as agricultural establishments, and agricultural operations.
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. These requirements are aligned with the requirements in the Division 2 rules. Employers must also provide eye protection for exposure to laser hazards and high visibility garments for exposures to traffic hazard caused by on-highway type moving vehicles in work zones and street or highway traffic.
The format is standardized in the rules for Subdivision Z (Chemicals and Toxins.) The Division 4 Air Contaminant rules have been updated and coincide with Air Contaminant rules found in Division 2 and Division 3. The substance-specific rules make clear that either the Division 2 or Division 3 rules could apply, depending on the type of activity, if there is an exposure to these toxins.
Rules Coordinator: Sue C. Joye
Address: Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR 97301-3882
Telephone: (503) 947-7449
The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions.