In June of 2013, federal OSHA notified Oregon OSHA that it's Directorate of Cooperative and State Programs and the Directorate of Construction had begun the process of reviewing all State Plan fall protection standards. In this process federal OSHA identified Oregon's general 10-foot trigger height in construction and the use of slide guards as a fall protection system of areas of concern.
Oregon OSHA responded to these concerns by pointing to Oregon's strong enforcement, consultation, and the education efforts that have resulted in a higher level of statewide compliance in the construction industry - reducing serious injuries from falls in construction. However, recent efforts by Oregon OSHA's Administrator Michael Wood to persuade federal OSHA that Oregon's 10-foot trigger height and use of slide guards is "as effective" as requirements under the federal fall protection standard failed to satisfy federal OSHA's concerns. This has resulted in the need to conduct limited rulemaking for Division 3, Subdivisions M and E.
The scope of the changes will largely consist of addressing the two areas of the rule identified by federal OSHA. A stakeholder group was formed, involving stakeholders in commercial and residential construction, along with associations that support the industry.