Rule Adoption History for Division 2

Subdivision A

Administrative Order 3-2019, filed and effective October 29, 2019. Oregon OSHA is adopting changes to our administrative (recordkeeping), general industry, and construction standards, and updating references in the maritime activity standards in response to federal OSHA's adoption of final rules published in the May 14, 2019 Federal Register. This is Phase IV of federal OSHA's-Standards Improvement Project (SIP-IV), the fourth in a series of rulemakings to improve and streamline workplace safety and health standards. Oregon's response removes or revises rules or requirements within our corresponding rules that are outdated, duplicative, or inconsistent. This rulemaking is anticipated to reduce regulatory burden and compliance costs while maintaining or enhancing worker safety and health as well as worker privacy protections.

In Division 2A, Oregon OSHA adopted updates to the incorporation by reference standard for consensus and other industrial standards.

Administrative Order 2-2017, adopted May 16, 2017 and effective November 1, 2017: On February 24, 2017 Oregon OSHA proposed to revise the existing walking-working surface and personal protective equipment rules for general industry. This proposal was required to harmonize Oregon OSHA's existing Division 2 regulations with the new Federal OSHA's rule titled: "Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems)" as published in the Federal Register on November 18, 2016. Federal OSHA's general industry final rule revised the previous walking-working surfaces standards within 29 CFR part 1910, subpart D and created a new standard and two new non-mandatory appendixes for fall protection systems within 29 CFR part 1910, subpart I. In addition to the significant changes made to Subparts D and I, federal OSHA also amended standards in 29 CFR part 1910, subparts F, N, and R to create uniformity across all of the affected subparts where walking-working surfaces and personal fall protection systems are addressed. Oregon OSHA's proposal made significant revisions to Subdivision 2/D (Walking-Working Surfaces) and Subdivision 2/I (Personal Protective Equipment) of Chapter 437, Division 2 including a proposal for rope access systems. Subsequently, since many existing Oregon OSHA regulations are based on those within 2/D and 2/I, the following Division 2 subdivisions also were amended in the February 24th proposal: 2/A, 2/F, 2/L, 2/N, 2/R, and 2/RR.

Four public hearings were held during March and April of 2017. Oregon OSHA received oral testimony at three of the public hearings in addition to written comments. Several comments received supported the overall rule making. Several comments opposed specific sections of the overall rulemaking. Major topics Oregon OSHA received comment on were; impacts of limiting acceptable standard guardrail heights to 42 inches +/- 3 inches, use of body belts in travel restraint systems, inspection of permanent mount lifeline systems, fall protection for fixed ladders and the associated inspections, duty to have fall protection when exposed to unprotected sides and edges, duty to have fall protection while exposed to walking-working surfaces not otherwise addressed by proposed 1910.28(b), and rope descent/access systems.

Oregon OSHA considered all comments received. Oregon OSHA, based on comments received, made adjustments to proposed 437-002-2027 Rope Descent & Rope Access Systems. Changes include separating the rules for rope descent from those for rope access with the exception of anchorages which both systems share in the final rule. Furthermore, the rope descent portion of the rule is no longer the foundation for the rope access portion. The proposed "assessment of need" for rope access work was removed, a rope access program administrator was added, a section listing minimum capacity requirements for rope access specific equipment was added, and a section establishing exceptions to 1910.140 Fall Protection was added when rope access work is conducted. Finally, Oregon OSHA added language to Division 2/I (Personal Protective Equipment) to permit general industry employers to use anchorages for travel restraint systems that meet the same capacity requirements previous afforded to construction employers in the construction regulations (Division 3/M).

Administrative Order 4-2016, adopted and effective September 7, 2016: Some Oregon OSHA general industry, maritime and construction rules for personal protective equipment reference ANSI consensus standards Z87.1-1989 and Z87.1-1968. This rulemaking removes those older standards and will recognize ANSI/ISEA Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 (R-1998).

The ANSI/ISEA Z87.1-2010 provides requirements for the selection, testing, use, and maintenance of protectors intended to minimize or prevent eye and face injuries including impact, non-ionizing radiation, and chemical exposures in occupational and educational environments. ANSI Z87.1-2003 and ANSI Z87.1-1989 (R-1998) are prior versions of this standard which are also incorporated by reference as alternative means of compliance with Oregon OSHA's eye and face protection requirements.

Oregon initiated PPE rules in Division 2, general industry and Division 3, construction are amended with the ANSI updates, as well as references in Oregon Rules for Firefighters in Division 2/L.

Administrative Order 7-2013, adopted and effective December 12, 2013: This rulemaking is to keep Oregon OSHA in harmony with recent changes to federal OSHA's standards.

Oregon OSHA amends standards in Division 2, general industry, and Division 3, construction, to reflect federal OSHA updates published in the June 13, 2013 Federal Register. Also included in this rulemaking are minor corrections from federal OSHA of the June 13, 2013 Federal Register with the November 6, 2013 Federal Register. Corrections are to addresses and reference clarification for graphics. Federal OSHA updated its general industry and construction signage rules by adding references to the latest version of the American National Standards Institute ("ANSI") standards on accident prevention signs and tags, ANSI Z535.1-2006 (R2011), Z535.2-2011 and Z535.5- 2011. OSHA retained references to the earlier ANSI signage standards, ANSI Z53.1-1967, Z35.1-1968 and Z35.2-1968. This rulemaking provides employers the option to comply with either the earlier or updated standards.

Federal OSHA amended 1926.201 and 1926.202 concerning the Manual on Uniform Traffic Control Devices (MUTCD). Oregon repealed these two standards and has Oregon-initiated rule 437-003-0420 Traffic Control, instead. OAR 437-003-0420 currently references the most current editions, therefore we did not amend with this Federal Register publication.

Federal OSHA amended 1910.261 with updated ANSI standards. In Oregon we have Oregon-initiated rule 437-002-0312 Oregon Rules for Pulp, Paper and Paperboard Mills, which we also amended to reflect the newer ANSI references.

Administrative Order 7-2012, adopted and effective December 14, 2012: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA's standards published in three Federal Registers.

Federal OSHA updated the references in standards to recognize the 2009 edition of the American National Standard for Industrial Head Protection, and is deleting the 1986 edition of that national consensus standard because it is out of date. These changes were published in the June 22, 2012 Federal Register.

Federal OSHA corrected an editorial instruction printed in the June 22, 2012 Federal Register. This correction was published in the July 23, 2012 Federal Register.

Federal OSHA removed an unnecessary term in Appendix C of Respiratory Protection; restoring inadvertently removed requirements in Mechanical Power Presses; and, corrected a cross reference in two paragraphs in Appendix A to subdivision L of scaffold standards in construction. These changes were published in the August 7, 2012 Federal Register.

Oregon OSHA adopts these corrections/amendments/updates in general industry, construction, and maritime.

Administrative Order 5-2012, adopted and effective September 25, 2012: Federal OSHA modified its Hazard Communication Standard (HCS) to conform to the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (GHS). OSHA determined that the modifications will significantly reduce costs and burdens while also improving the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. OSHA concluded this improved information will enhance the effectiveness of the HCS in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational illnesses and injuries.

The modifications to the standard include revised criteria for classification of chemical hazards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the standard, and requirements for employee training on labels and safety data sheets. OSHA and Oregon OSHA are also modifying provisions of other standards, including standards for flammable and combustible liquids, spray finishing, reinforced plastics, dipping and coating, welding, cutting, and brazing, hazardous waste operations and emergency response, process safety management, pipe labeling, and most substance specific health standards, to ensure consistency with the modified HCS requirements. The consequences of these modifications will be to improve safety, to facilitate global harmonization of standards, and to produce hundreds of millions of dollars in annual savings nationally.

This rulemaking also repeals three Oregon-initiated rules: OAR 437-002-0289 Precautionary Labels, general requirements in Division 2/Q; 437-002-0361, regarding certain compliance dates for the Ethylene Oxide rule in Division 2/Z; and 437-003-0035 additional rules in hazard communication in Division 3/D. All three rules repealed are obsolete and unnecessary. The text of 1926.59 Hazard Communication in Division 3/D is repealed and a note added to refer the reader to 1910.1200 Hazard Communication in Division 2/Z (same as federal OSHA).

Administrative Order 4-2011, adopted and effective December 8, 2011: Oregon OSHA adopted changes to rules in general industry, construction, agriculture, and maritime. Federal OSHA published a number of rule changes in these industries in the June 8, 2011 Federal Register. This is Phase III of the Standards Improvement Project (SIP III), the third in a series of rulemaking by Federal OSHA to improve and streamline the standards. This removes or revises individual requirements within rules that are confusing, outdated, duplicative, or inconsistent.

Oregon OSHA adopted the majority of the federal changes that include:

Personal Protective Equipment – Division 2/I, remove requirements that employers prepare and maintain written training certification records.
Respiratory Protection – revise requirements for breathing-gas containers.
Material Handling/Slings – revise standards in general industry, construction, and maritime standards.
Commercial Diving Operations – Division 2/T, remove two obsolete recordkeeping requirements.
General industry and construction – remove requirements in numerous standards for employers to transfer specific records to the National Institute for Occupational Safety and Health (NIOSH).
Lead – amend trigger levels in general industry and construction.

In connection with rule changes in the SIP III rulemaking process, Oregon OSHA adopted additional changes to the subdivisions and rules opened during this rulemaking activity. We also made reference changes to Underground Installations in Division 3/P.

Oregon OSHA repealed all of Division 2/I rules with the exception of 1910.134 Respiratory Protection, 1910.137 Electrical Protective Equipment, 437-002-0138 Additional Oregon Rule for Electrical Protective Equipment, 437-002-0139 Working Underway on Water, and 437-002-1139 Working Over or In Water.

To replace them, we adopted new Oregon-initiated rule, 437-002-0134 Personal Protective Equipment, that includes sections covering scope/application, hazard assessment, equipment, training, payment, fall protection, clothing, high visibility garments, eye, head, foot, leg, hand and skin protection.

The change in format simplifies the existing text while making little change to the overall rule requirements with the following exceptions:

Modifies the hazard assessment requirement to clarify that employers must identify hazards to the entire body, including the torso and extremities, when performing the assessment. The assessment is currently limited to head, hands, eyes and face and foot protection. NOTE: The assessment for eyes, face, head, hands, and feet are currently in effect. The torso and extremities (e.g. arms and legs) element of the body assessment will not be enforced until July 1, 2012.
Change the fall protection component criteria to align with the systems criteria found in 1926.502 of the construction standards. The training requirement in this rule would also cover those parts not previously covered, such as fall protection.

Definition of "potable water": Previously, Oregon OSHA did not adopt 1910.141(a)(1), so the SIP-III changes to the definition of potable water must be addressed through Oregon-initiated rules. We will maintain the current definition of potable water in Division 2/J, 437-002-0141(1)(a), Sanitation and Division 4/J, 437-004-1105(1)(b), Sanitation. However, for consistency, we changed the definition of potable water in Division 4/J, 437-004-1110, Field Sanitation for Hand Labor Work, and Division 3/D, 437-003-0015 Drinking Water to the same definition.

MOCA -- 4,4'-Methylene bis (2-chloroaniline): As a logical extension of the Federal OSHA SIP-III changes to 29 CFR 1910.1003, 13 Carcinogens, we amended the Oregon Rules for MOCA (4,4'-Methylene bis (2-chloroaniline)) at Division 2/Z, 437-002-0364. The requirements for respiratory protection are updated and the requirements for transfer of records is simplified. Most transfer of medical records to NIOSH is eliminated with the SIP III rulemaking. The employer is required to follow the requirements of the Respiratory Protection rule and select appropriate respirators based on the selection criteria in 1910.134(d). (The type of respirator to use is no longer specified.) We will also remove and reserve 437-002-0364(6)(a) which had a reporting requirement end date of December 1974.

Administrative Order 2-2010, adopted and effective February 25, 2010: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA's standards.

Federal OSHA revised the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminals standards concerning requirements for eye- and face-protective devices, and head and foot protection.

Federal OSHA updated the references in its regulations to reflect more recent editions of the applicable national consensus standards that incorporate advances in technology. Federal OSHA requires that PPE be safely designed and constructed for the tasks performed.

Amendments to the PPE standards include a requirement that filter lenses and plates in eye-protective equipment meet a test for transmission of radiant energy such as light or infrared.

Oregon OSHA adopted the changes in general industry and maritime activities as published in the September 9, 2009 Federal Register. The updated references are also made in Oregon OSHA's Division 4, Agriculture, and Division 7, Forest Activities.

Administrative Order 1-2010, adopted and effective February 19, 2010: On August 11, 2009, Federal OSHA published in the Federal Register a direct final rule to revise 1910.102, Acetylene, by updating references to standards developing organizations (SDO standards). Federal OSHA also revised 1910.6, Incorporation by reference, to reflect updated documents.

Oregon OSHA formed an advisory committee with representatives from organized labor, employers, distributors, and manufacturers to review and discuss the existing rules and the requirement to adopt the Federal OSHA direct final rule for Acetylene. It was determined through examining 1910.102 Acetylene, and the SDO standards, that Oregon OSHA would develop an Oregon-initiated rule to replace the federal standard.

New Oregon rule 437-002-2102 Acetylene, includes general requirements for work practices and definitions used in paragraph (1), Cylinders. Piped systems and generators and filling cylinders retains language from 1910.102 for those topics.

Oregon OSHA revised Division 2/H, General Industry/Hazardous Materials, rules which will:

Repeal the current Acetylene rule, 1910.102, that is based on the Compressed Gas Association (CGA) Pamphlets; G-1-1966, G1.3-1959, G1.4-1966
Adopt new rule, OAR 437-002-2102, Acetylene, that updates references to standards developing organizations (SDO standards) making them consistent with current industry practices which will improve employee safety by clarifying employer obligations, and eliminate confusing requirements.
Based on comments received at the public hearing and during the open comment period, the following are added to the new acetylene rule:
Compliance with Compressed Gas Association (CGA) Pamphlet G-1-2009 ("Acetylene") (Compressed Gas Association, Inc., 12th ed., 2009.)
Clarification to store and use cylinders valve end up.
Note to allow minimal movement by hand of cylinders to get them on and off carts or pallets.
Install reverse flow check valves and flashback arrester according to manufacturer recommendations.

Oregon OSHA will adopt the federal changes to 1910.6 Incorporation by reference, as they appear in the August 11, 2009 Federal Register with the exception of 1910.6(k)(3). This references the CGA Pamphlet G-1 Acetylene. In Oregon, the 12th edition 2009 applies.

Oregon OSHA standards must be at least as effective as Federal OSHA standards. With the creation of the new Oregon-initiated rule for acetylene, Oregon has all the protective measures referenced in the Federal OSHA standard, as well as expanded work practices language and definitions used in 437-002-2102(1) Cylinders.

Administrative Order 5-2009, adopted and effective May 29, 2009: In this rulemaking, Oregon OSHA is amending its standards to add language clarifying that the personal protective equipment (PPE) and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis. The amendments consist of new paragraphs added to the introductory sections of the affected rules and changes to the language of some existing respirator and training requirements.

These Federal OSHA changes are in general industry, construction, and maritime and were published in the December 12, 2008 Federal Register.

Administrative Order 7-2008, adopted and effective May 30, 2008: This rule making is to keep Oregon OSHA in harmony with recent changes to Federal OSHA's standards. We are removing several references to consensus standards that have requirements that duplicate, or are comparable to, other OR-OSHA rules; this action includes correcting a paragraph citation in one of these rules. We are also removing a reference to American Welding Society standard A3.0-1969 ("Terms and Definitions") in our general industry welding standards. This rulemaking is part of a continuing effort to update references to consensus and industry standards used throughout our rules.

OR-OSHA adopts the changes in general industry as published in the December 14, 2007 Federal Register. A reference to American National Standard Safety Requirements for Explosive-Actuated Fastening Tools, ANSI A10.3-1995 is removed in Division 4/P, Agriculture/Small Tools.

Administrative Order 4-2007, adopted and effective August 15, 2007: Oregon OSHA adopted the Federal OSHA changes as they appear in the February 14, 2007 Federal Register, into Division 2/S, Electrical. The changes focus on safety in the design and installation of electrical equipment in the workplace. The changes provide the first update since 1981 for the design and installation requirements which were drawn heavily from the 2000 edition of the National Fire Protection Agency (NFPA), Standard for Electrical Safety in the Workplace (NFPA 70E), and the 2002 edition of the National Electrical Code (NEC).

In addition to the Federal OSHA changes, Oregon OSHA repealed OAR 437-002-0321, 437-002-0322, 437-002-0323, 437-002-0324; and adopted a new rule OAR 437-002-0047 which is identical language to the recently amended OAR 437-003-0047 Working Near Overhead High Voltage Lines and Equipment, in Division 3/K, Construction/Electrical, that restricts all unqualified employees from coming within 10 feet of overhead high voltage power lines. With these aforementioned changes and to avoid redundancy within this subdivision, OR-OSHA repealed 29 CFR 1910.333(c)(3) introductory text and 1910.333(c)(3)(i).

OR-OSHA also repealed OAR 437-002-0325 because of redundant language within Division 2 General Industry and rules administered by the Oregon Public Utility Commission relating to underground utility locates. We will place a note directing the reader to use the national telephone number 811, Call Before You Dig.

Administrative Order 4-2005, adopted and effective December 14, 2005: Federal OSHA published in the September 13, 2005 Federal Register a final rule to delete from its standards three references to national consensus standards and two references to industry standards that are outdated. Deleting these references does not reduce employee protections. By eliminating the outdated references OSHA clarifies employer obligations under the applicable OSHA standards and reduces administrative burdens on employers and OSHA.

This final rule updates standards on hazardous materials, flammable and combustible liquids; general environmental controls, temporary labor camps; hand and portable powered tools and other hand held equipment, guarding of portable powered tools; welding, cutting, and brazing, arc welding and cutting; and special industries, sawmills. All in general industries standards.

Oregon OSHA adopts all these changes to remain at least as effective as Federal OSHA standards, with the exception of amending 1910.142 Temporary Labor Camps, which Oregon did not adopt. OAR 437-002-0142 Labor Camps, applies in Oregon.

Administrative Order 8-1999, filed and effective 8/6/99: Federal OSHA published in the March 23, 1999, Federal Register changes to the standards for dipping and coating operations in general industry. OR-OSHA adopted the federal amendments by reference into its Divisions 2/A (1910.6), 2/G (1910.94), and 2/H (1910.108, .121, .122, .123, .124, .125, and .126).

Administrative Order 4-1997, filed 4/2/97, effective 4/2/97: Oregon OSHA adopted by reference corrections and technical amendments issued by federal OSHA and published in the Federal Register. Federal OSHA made simple corrections, deleted redundant provisions, and clarified and reorganized various other provisions throughout the standards.

APD Administrative Order 17-1988, filed 11/10/88, effective 11/10/88: The federal standards in Division 2/A, General, were adopted by reference.

Subdivision B

Administrative Order 6-1999, filed 5/26/99, effective 5/26/99: Oregon OSHA adopted by reference the new federal OSHA powered industrial truck operator training standard. The new rule requires a training program based on: the trainee's prior knowledge and skill, types of powered industrial trucks in use, hazards in the workplace, and the operator's demonstrated ability to handle a powered industrial truck safely. The new training standard will apply to all Oregon employers except agriculture.

The existing Oregon-initiated rule 437-002-0227, Additional Oregon Rules for Powered Industrial Trucks, in Division 2/N was amended to avoid any duplication with federal text. Similar language was added in OR-OSHA's Division 3/O, as rule 437-003-0094, to accompany the new federal standard on powered industrial truck operator training to maintain uniformity between construction and general industry standards. Also adopted at this time, is a portion of the material handling equipment rule in the construction standard (Oregon's Division 3/O), 1926.602(c)(vii) and (viii); and, a portion of the cranes and derricks rule (in Division 3/N) 1926.550(a)(19), which Oregon had inadvertently not adopted from the June 30, 1993 Federal Register.

Administrative Order 9-1997, filed and effective 12/31/97: Federal OSHA revised its safety and health regulations for Longshoring and those parallel sections of its Marine Terminals standard. Although the longshoring and marine terminal rules are "vertical" standards that apply only to longshoring and marine terminal activities, OSHA has also made minor changes to some of the general industry provisions referenced within these rules. These general industry requirements to the terminology used in the marine cargo-handling environment. Oregon OSHA adopts these revisions to Division 2/B (29 CFR 1910) and Division 5 (29 CFR 1917 and 1918).

Administrative Order 6-1997, filed and effective 5/2/97: Federal OSHA amended the standards that regulate employee exposure to 1,3-Butadiene and Methylene Chloride. Oregon OSHA adopts these standards by reference into Oregon's Division 2, General Occupational Safety and Health Rules; Division 3, Construction; Division 5, Maritime Activities; and amend Oregon's Air Contaminants.

Federal OSHA has determined, based on studies and tests, that the current permissible exposure limits (PELs) do not properly protect workers. Both final standards have reduced PELs.

In order to reduce exposures and protect employees, OSHA's 1,3-Butadiene and Methylene Chloride standards include requirements such as engineering controls, work practices and personal protective equipment. measurement of employee exposures, training, medical surveillance, hazard communication, regulated areas, emergency procedures and recordkeeping.

APD Administrative Order 16-1988, filed 11/10/88, effective 11/10/88 and OR-OSHA Administrative Order 4-1995: The following federal rules were adopted by reference by APD Administrative Order 16-1988, filed 11/10/88, effective 11/10/88. OAR 437-002-0010 is the rule which adopts by reference the federal standards in Division 2/B, Adoption and Extension of Established Federal Standards. This copy includes amendments through 3/29/95 made by OR-OSHA Administrative Order 4-1995.

Subdivision D

Administrative Order 2-2013, adopted February 15, 2013, and effective April 1, 2013: Personal Protective Equipment in Construction:

Oregon OSHA is revising the personal protective equipment (PPE) sections of its construction standards regarding requirements for eye and face protective devices, head protection, foot protection, extremities and torso to include protective clothing, respiratory devices, and protective shields and barriers.

Oregon OSHA updated the Division 2, Subdivision I, Personal Protective Equipment references in its regulations on December 8, 2011.The update referenced more recent editions of applicable national consensus standards and removed requirements that employers prepare and maintain written training certification records. Oregon OSHA repealed all of Division 2/I rules with some exceptions and replaced them with a new Oregon initiated rule, 437-002-0134 Personal Protective Equipment, that includes sections covering the scope/application, hazard assessment, equipment, training, payment, fall protection, clothing, high visibility garments, and eye, head, foot, leg, hand and skin protection.

The change was mostly a format change that simplified the existing text while making little change to the overall rule requirements with a few exceptions. Oregon OSHA modified the hazard assessment requirement to clarify that employers must identify hazards to the entire body, including the torso and extremities, when performing the assessment. The assessment previously was limited to head, hands, eyes and face and foot protection.

We are removing the current PPE requirements in various locations of the construction standard and replacing them with the same requirements that are in General Industry standards of Division 2, Subdivision I. These requirements (with the exception of a written assessment certification) will be substantially similar allowing for greater consistency in construction and general Industry.

The design requirements for eye and face-protective devices, head protection, and foot protection are currently the same in Division 2 General Industry, Shipyard Employment, Marine Terminals, Longshoring, and Division 3 Construction. These revisions are a continuation of Oregon OSHA's effort to update consensus and industry standards.

Personal Protective Equipment in General Industry: >Oregon OSHA is also amending the general industry PPE rule 437-002-0134, to include ANSI Z89.1-2009, American National Standard for Industrial Head Protection, as another option of compliance, as published in the June 22, 2012 Federal Register. https://www.osha.gov/FedReg_osha_pdf/FED20120622A.pdf.

Hole Openings (including skylights) in General Industry: >Oregon OSHA is also changing the hole covering requirements for holes in floors, roofs, and other walking/working surfaces (to include skylights and skylight screens). Currently employers in construction and general industry have different hole cover strength criteria. To eliminate the confusion and inconsistency, Oregon OSHA is changing the general industry requirements to be the same as the construction requirements as referenced in the Federal OSHA proposal for walking working surfaces and personal protective equipment (fall protection) found in the May 24. 2010 Federal Register https://www.osha.gov/FedReg_osha_pdf/FED20100524.pdf.

Administrative Order 10-1999, filed 9/10/99, effective 9/10/99: Oregon OSHA repealed: OAR 437-002-1910.25, Portable Wood Ladders; 1910.26, Portable Metal Ladders; 1910.27, Fixed Ladders; portions of 1910.21, Definitions; and OAR 437-002-0025, Extension Ladders. In their place, two new rules are added to Division 2/D (general industry/walking-working surfaces): OAR 437-002-0026, Portable Ladders; and, 437-002-0027, Fixed Ladders.

These changes are necessary to update the existing standards, re-organize them into a more understandable sequence, make them compliant with ORS 183.025 that requires us to write standards in "clear language," and to add language covering plastic (reinforced fiberglass) ladders.

We deleted old language that went into great detail about the design and construction of ladders. In its place we added a simple requirement that each type of ladder meet its respective ANSI standard.

Basic use and care requirements are grouped by type of ladder rather than the material from which it is made.

Fixed ladder requirements will change to meet the newest edition of ANSI A-14.3 which changes requirements for landing platforms, cages and climbing safety devices.

Note: The following rules were adopted by OR-OSHA Administrative Order 4-1990, filed 1/23/90, effective 1/23/90: Subdivision D, Walking-Working Surfaces (29 CFR 1910.21 through 1910.32), Subdivision E, Means of Egress (29 CFR 1910.35 through 1910.40), and Subdivision F, Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms (29 CFR 1910.66 through 1910.70). These rules superseded OAR 437, Division 41, Buildings, Structures and Workplaces, Division 88, Ladders and Scaffolds, and specific rules in Division 56, Vehicles (OAR 437-56-005(4) through (12), and 437-56-200 through 437-56-260).

Amendments were made to Subdivisions D and F by OR-OSHA Administrative Order 2-1991, filed 2/4/91, effective 4/1/91.

Amendments were made to Subdivision D by OR-OSHA Administrative Order 6-1994, filed 9/30/94, effective 9/30/94.

Amendments were made to Subdivisions D, E and F by OR-OSHA Administrative Order 4-1997, filed 4/2/97, effective 4/2/97.

Subdivision E

Administrative Order 12-2001, filed and effective October 26, 2001: Changes were made to make our standards as effective as federal OSHA.

Administrative Order 8-2000, filed and effective October 10, 2000: In 1990, Oregon OSHA adopted by reference 29 CFR 1910.35, Definitions; 1910.36, General Requirements; 1910.37, Means of Egress; and 1910.38, Employee Emergency Plans and Fire Prevention Plans in Subdivision E, Means of Egress. In the passing years, these standards have proven to be among the most confusing and difficult to understand of all the federal OSHA standards adopted by Oregon OSHA. Therefore, Oregon OSHA is replacing all of these standards with Oregon-initiated standards.

In September of 1996 OSHA proposed to change 1910.35, 1910.36 and 1910.37, all related to Means of Egress. Their intent was to convert the old standard to plain English. The proposal included no new requirements on employers.

Because nothing further has come of the OSHA proposal, Oregon OSHA will move on its own. In adopting this new standard, Oregon OSHA relies on the OSHA proposal, not the old OSHA standard. Oregon OSHA rewrote the OSHA proposal to further clarify, simplify and convert it to plain English.

Oregon OSHA adopts these new standards to replace the federal standards: OAR 437-002-0041, Exits and Exit Routes; 437-002-0042, Emergency Action Plan; and 437-002-0043, Fire Prevention Plan.

There are several Oregon-initiated rules co-located with the federal exit rules in Subdivision 2/E. A review of these rules disclosed that several are no longer valid. Oregon OSHA rescinded OAR 437-002-0044(1) and (2). The base paragraph in OAR 437-002-0044 is reworded and remains in the new standard. The same is true for OAR 437-002-0048 on cold storage rooms.

OAR 437-002-0050, Bins, Bunkers, Hoppers, Tanks and Vats is rescinded along with OAR 437-002-0051, Fuel Bins; 437-002-0052, Tanks and Vats, and 437-002-0053, Entering Tanks, Vats and Similar Confined Spaces. Most of these standards have no application since the adoption of OSHA's 1910.146, Permit-Required Spaces. The remainder duplicate other existing OR-OSHA standards.

Administrative Order 4-1997, filed 4/2/97, effective 4/2/97: Amendments were made to Subdivisions D, E and F.

Administrative Order 4-1990, filed 1/23/90, effective 1/23/90: The following rules were adopted: Subdivision D, Walking-Working Surfaces (29 CFR 1910.21 through 1910.32), Subdivision E, Means of Egress (29 CFR 1910.35 through 1910.40), and Subdivision F, Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms (29 CFR 1910.66 through 1910.70). These rules superseded OAR 437, Division 41, Buildings, Structures and Workplaces, Division 88, Ladders and Scaffolds, and specific rules in Division 56, Vehicles (OAR 437-56-005(4) through (12), and 437-56-200 through 437-56-260).

Subdivision F

Administrative Order 2-2017, adopted May 16, 2017 and effective November 1, 2017: On February 24, 2017 Oregon OSHA proposed to revise the existing walking-working surface and personal protective equipment rules for general industry. This proposal was required to harmonize Oregon OSHA’s existing Division 2 regulations with the new Federal OSHA’s rule titled: "Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems)” as published in the Federal Register on November 18, 2016. Federal OSHA’s general industry final rule revised the previous walking-working surfaces standards within 29 CFR part 1910, subpart D and created a new standard and two new non-mandatory appendixes for fall protection systems within 29 CFR part 1910, subpart I. In addition to the significant changes made to Subparts D and I, federal OSHA also amended standards in 29 CFR part 1910, subparts F, N, and R to create uniformity across all of the affected subparts where walking-working surfaces and personal fall protection systems are addressed. Oregon OSHA’s proposal made significant revisions to Subdivision 2/D (Walking-Working Surfaces) and Subdivision 2/I (Personal Protective Equipment) of Chapter 437, Division 2 including a proposal for rope access systems. Subsequently, since many existing Oregon OSHA regulations are based on those within 2/D and 2/I, the following Division 2 subdivisions also were amended in the February 24th proposal: 2/A, 2/F, 2/L, 2/N, 2/R, and 2/RR.

Administrative Order 1-2015, adopted January 5, 2015, and effective January 5, 2015: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA’s standards.

Federal OSHA published, in the July 1, 2014 Federal Register, a notice of a typographical error to 1910.67 (Vehicle-mounted Elevated and Rotating Work Platforms).

Currently under 1910.67(c)(5) Welding standard, the rule references the "Automotive” Welding Society; however, the correct title to the national consensus standard organization referenced is "American” Welding Society. This rulemaking corrects the typographical error.

Oregon OSHA makes this correction to 1910.67(c)(5), in Division 2/F.

Administrative Order 4-2009, adopted April 13, 2009 and effective April 17, 2009: Oregon OSHA has repealed five Oregon Administrative Rules (OARs):

OAR 437-002-0067 Extensible and Articulating Boom Platforms, because the rule does not allow for additional acceptable alternatives. The rule currently requires equipment to have clearly visible flashing warning lights on all vehicles when operating in or exposed to traffic.

The rule does not allow for other approved methods such as traffic control devices, barricades or simply roping off the area as referenced in the 2006 edition of the ANSI/SIA A92.5 consensus standard for Boom-Supported Elevating Work Platforms. Similar equipment or vehicles can simply conform to the Millennium Edition of the (FHWA) Manual of Uniform Traffic Control Devices (MUTCD), December 2000.

OAR 437-002-0069 General rules for proximity to overhead high voltage lines and equipment, 437-002-0071 Clearance or Safeguards Required, 437-002-0073 Warning Signs Required, and 437-002-0075 Notification to Power Company and Responsibility for Safeguards. These are redundant to overhead electrical rules found in Division 2/S Electrical.

Repeal of these rules in Division 2/F, further maintains consistency with the Division 3 Construction rules.

Oregon OSHA has adopted three new OARs:

OAR 437-002-0072 Manually Propelled Elevating Aerial Platforms, equipment identified in ANSI A92.3; 437-002-0074 Self-Propelled Elevating Work Platforms-Scissor Lifts, equipment identified in ANSI A92.6; and 437-002-0076 Boom Supported Elevating Work Platforms, equipment identified in ANSI A92.5. Oregon OSHA adopted rules in 1997 into Division 3, Construction concerning this equipment. This provides consistent requirements for general industry and construction.

Administrative Order 7-2008, adopted and effective May 30, 2008: This rule making is to keep Oregon OSHA in harmony with recent changes to Federal OSHA’s standards. We are removing several references to consensus standards that have requirements that duplicate, or are comparable to, other OR-OSHA rules; this action includes correcting a paragraph citation in one of these rules. We are also removing a reference to American Welding Society standard A3.0-1969 ("Terms and Definitions") in our general industry welding standards. This rulemaking is part of a continuing effort to update references to consensus and industry standards used throughout our rules.

Administrative Order 4-1990, filed 1/23/90 and effective 1/23/90: Subdivision D, Walking-Working Surfaces (29 CFR 1910.21 through 1910.32), Subdivision E, Means of Egress (29 CFR 1910.35 through 1910.40), and Subdivision F, Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms (29 CFR 1910.66 through 1910.70). These rules superseded OAR 437, Division 41, Buildings, Structures and Workplaces, Division 88, Ladders and Scaffolds, and specific rules in Division 56, Vehicles (OAR 437-56-005(4) through (12), and 437-56-200 through 437-56-260).

Oregon-Initiated Rules related to each Subdivision are in italics and located with related federal rules.

Amendments were made to Subdivisions D and F by OR-OSHA Administrative Order 2-1991, filed 2/4/91, effective 4/1/91.

Amendments were made to Subdivisions D, E and F by OR-OSHA Administrative Order 4-1997, filed 4/2/97, effective 4/2/97.

Subdivision G

Administrative Order 7-2013, filed and effective December 12, 2013: This rulemaking is to keep Oregon OSHA in harmony with recent changes to federal OSHA's standards.

Administrative Order 1-2012, filed and effective April 10, 2012: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA's standards.

Federal OSHA published in the December 27, 2011 Federal Register corrections of typographical errors and non-substantive technical amendments to a number of standards in general industry, construction, and shipyard employment. The technical amendments include updating or revising cross-references. These revisions do not affect the substantive requirements or coverage of those standards, do not modify or revoke existing rights or obligations, and do not establish new rights or obligations.

Oregon OSHA adopts these corrections and amendments to the standards Oregon has adopted previously to reflect federal OSHA's changes. We are also making rule reference changes in a number of standards to reflect the newly adopted OAR 437-002-0134 Personal Protective Equipment.

Administrative Order 2-2010, filed and effective February 25, 2010: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA's standards.

Amendments to the PPE standards include a requirement that filter lenses and plates in eye-protective equipment meet a test for transmission of radiant energy such as light or infrared.

Administrative Order 5-2009, filed and effective May 29, 2009: In this rulemaking, Oregon OSHA is amending its standards to add language clarifying that the personal protective equipment (PPE) and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis. The amendments consist of new paragraphs added to the introductory sections of the affected rules and changes to the language of some existing respirator and training requirements.

These Federal OSHA changes are in general industry, construction, and maritime and were published in the December 12, 2008 Federal Register.

Administrative Order 7-2008, filed and effective May 30, 2008:; This rule making is to keep Oregon OSHA in harmony with recent changes to Federal OSHA's standards. We are removing several references to consensus standards that have requirements that duplicate, or are comparable to, other OR-OSHA rules; this action includes correcting a paragraph citation in one of these rules. We are also removing a reference to American Welding Society standard A3.0-1969 ("Terms and Definitions") in our general industry welding standards. This rulemaking is part of a continuing effort to update references to consensus and industry standards used throughout our rules.

Oregon OSHA adopts the changes in general industry as published in the December 14, 2007 Federal Register. A reference to American National Standard Safety Requirements for Explosive-Actuated Fastening Tools, ANSI A10.3-1995 is removed in Division 4/P, Agriculture/Small Tools.

Administrative Order 4-2006, filed and effective 7/24/06: Oregon OSHA adopted Federal OSHA changes as they appear in the April 3, 2006 Federal Register. These revisions include updating references and removing obsolete effective dates and startup dates from existing rules in General Industry, Construction, and Maritime Activities. Two changes Federal OSHA made that we do not include in this rulemaking are to remove effective dates in 1910.266 and 1926.1092, neither of which OR-OSHA had adopted before.

Administrative Order 3-2003, filed and effective 4/21/03: OAR 437-002-0107, Spray Finishing, replaces 1910.94(c) and 1910.107. Written in clear language with all requirements in one location, language was added to 437-002-0107 to allow for alternatives to certain requirements when the local fire authority allows an alternative in writing. Language was added to clarify requirements for paint mixing rooms from 437-002-1910.106, Article 80 of the Uniform Fire Code and NFPA 86-1999.

Administrative Order 8-1999, filed and effective August 6, 1999: Federal OSHA published in the March 23, 1999, Federal Register changes to the standards for dipping and coating operations in general industry.

Based on comments received during the national review of these rules, and other considerations, federal OSHA developed the final standard to accomplish several goals: To rewrite the former standards in plain language; to consolidate the former requirements in sequential sections (sections 1910.122 through 1910.126 in Subdivision H of 1910 (general industry)); and to update the former standards to increase the compliance options available to employers. In addition to achieving these goals, OSHA concludes that the final rule will enhance employee protection by making it more understandable and useful to employers and employees and more flexible and performance-oriented than the former rules. The final rule accomplishes these goals without increasing the regulatory burden of employers or reducing employee protection.

Oregon OSHA adopted the federal amendments by reference into its Divisions 2/A, 2/G, and 2/H.

Administrative Order 3-1998, filed and effective 7/7/98: Federal OSHA published in the Federal Register the new Respiratory Protection Standard. The new standard replaces respiratory protection standards that were adopted in 1971 by OSHA. The new respiratory protection text is in general industry, 29 CFR 1910.134. The text previously in 1910.134 has been redesignated as 1910.139, Respiratory Protection for M. Tuberculosis. Four subdivisions in the Construction standard have also been amended.

Administrative Order 4-1997, filed and effective 4/2/97: Oregon OSHA adopted by reference corrections and technical amendments issued by federal OSHA and published in the Federal Register. Federal OSHA made simple corrections, deleted redundant provisions, and clarified and reorganized various other provisions throughout the standards. OR-OSHA 7.

Note: OAR 437-002-0098(2) has been deleted because it is no longer needed. Federal OSHA corrected the term “Atomic Energy Commission" in 1910.96 to read “Nuclear Regulatory Commission."

Administrative Order 4-1993, filed 4/1/93, effective 5/1/93: OAR 437, Division 121, Occupational Noise and Hearing Conservation, was superseded and replaced with the adoption by reference of 29 CFR 1910.95, Occupational Noise Exposure.

Several federal rules were not adopted by OR-OSHA in order to maintain the level of protection provided in the past by Division 121. These federal rules are 1910.95(g)(3); (g)(5)(ii); (g)(10)(ii); (i)(2)(ii)(A); (o); and Appendix F.

One Oregon-initiated rule pertaining to Audiometric Testing in Oregon (OAR 437-002-0095) was also adopted in lieu of 1910.95(g)(3), and is printed in italics in place of the federal rule.

Administrative Order 2-1992, filed 2/6/92 and effective 5/1/92: The following federal rules were adopted by reference: OAR 437, Division 2, Subdivision G, Occupational Health and Environmental Control (29 CFR 1910.94 through 1910.100, with the exception of 1910.95, Occupational Noise Exposure). In Oregon, Division 121, Occupational Noise and Hearing Conservation, was still applicable until 5/1/93, when 1910.95 was adopted by reference.

OAR 437-002-0080 is the rule which adopts by reference the federal standards.

Oregon-initiated rules were also adopted pertaining to Ventilation and Abrasive Blasting (437-002-0081), and Ionizing Radiation (437-002-0098). These Oregon-initiated rules are printed in italics and located in proximity to related federal rules.

The following Oregon codes were replaced by federal standards in Division 2/G effective 5/1/92:

Division 117, Abrasive Blasting

Division 118, Grinding, Polishing and Buffing Operations

Division 120, Open Surface Tanks

Division 138, Ionizing Radiation

Division 139, Nonionizing Radiation

Division 141, Ventilation

Subdivision H

OAR 437-002-0100 is the rule which adopts by reference the federal standards.

Administrative Order 3-2019, adopted October 29, 2019, and effective October 29, 2019: Oregon OSHA is adopting changes to our administrative (recordkeeping), general industry, and construction standards, and updating references in the maritime activity standards in response to federal OSHA's adoption of final rules published in the May 14, 2019 Federal Register. This is Phase IV of federal OSHA's-Standards Improvement Project (SIP-IV), the fourth in a series of rulemakings to improve and streamline workplace safety and health standards. Oregon's response removes or revises rules or requirements within our corresponding rules that are outdated, duplicative, or inconsistent. This rulemaking is anticipated to reduce regulatory burden and compliance costs while maintaining or enhancing worker safety and health as well as worker privacy protections.

In Division 2H, Oregon OSHA corrected a small error in the CAS number for Methyl Vinyl Ketone in Appendix A to 1910.119.

Administrative Order 6-2014, adopted October 28, 2014, and effective May 1, 2015: Oregon OSHA has adopted OAR 437-002-2253, the Oxygen-Fuel Gas Welding and Cutting Standard for General Industry employers and Construction employers when welding, cutting, brazing, soldering, and flame coating is performed using a combination of oxygen and a fuel-gas. This rulemaking combines the existing Division 2 and Division 3 Oxygen-Fuel Gas Welding and Cutting rules. Twelve related Division 2 rules and a single Division 3 rule were either amended or repealed in the creation of OAR 437-002-2253.

OAR 437-002-2253 makes one rule applicable to all disciplines involved in the processes of welding, cutting, brazing, soldering, and thermal coating when using a combination of oxygen and a fuel-gas except for Agriculture, Maritime and Forest Activities. Additionally, it adds a Scope to the rule.

It provides definitions for key words and terms relevant to processes covered by the rule. It creates a user friendly format by taking separate rules that had multiple requirements and consolidating them into a single rule with easy to understand sections, sections that can be used as a template for training.

The rule establishes a requirement for the training of employees to be performed by a competent person prior to allowing them to work independently.

Additionally, the rule prohibits the use of passenger vehicle trunks for transportation of cylinders and establishes requirements to perform leak tests prior to each placement of a cylinder into an enclosed vehicle.

It establishes requirements to perform drop tests on cylinders and associated equipment and explains how to perform a drop test for those instances when it is required.

Cylinders in storage and transportation must not be exposed to temperatures of 125oF or greater.

The rule permits employers to follow manufacturer's recommendations when installing reverse flow check valves (back flow) and flashback arrestors (flashback preventers).

Finally, it updates language in the rule to reflect contemporary American Society of Mechanical Engineers (ASME) requirements, Association for Rubber Product Manufacturers (ARPM) requirements, Compressed Gas Association (CGA) requirements, and National Fire Protection Association (NFPA) requirements.

Administrative Order 4-2013, adopted and effective July 19, 2013: This rulemaking is to keep Oregon OSHA in harmony with recent changes to federal OSHA's standards.

Federal OSHA has corrected regulations that were amended by the Hazard Communication standard published in the March 26, 2012 Federal Register. The majority of corrections are to references inadvertently missed in the original publication of the final rule. Other corrections include correcting values or notations in tables, and updating references to terms. These corrections appear in the February 8, 2013 Federal Register.

Oregon OSHA adopts these corrections and amendments in general industry, construction, and shipyard employment.

Administrative Order 6-2012, adopted September 28, 2012, and effective April 1, 2013: Oregon OSHA adopts new rule, OAR 437-002-0146 Confined Spaces, which replaces 1910.146 Permit-Required Confined Spaces, in Division 2/J General Environmental Controls. This expands the scope of the new rule to include the construction industry.

During the 2011 proposal, several issues were discovered that needed to be resolved. We reconvened our stakeholder groups to resolve those issues and addressed any other areas for clarification. The identified issues include: revising and including several definitions, language for closing permits, ensuring employee access to written materials, ensuring all actions required by the permit are followed, and clarifying when alternate entry cannot be used.

Other areas amended for clarification include:

Permit Space Program.

Changed the requirement to catalog all confined spaces to catalog all permit spaces.
If the permit program needs to be revised, the language was changed that prohibiting entry into any space; to any space that is affected by that revision until the revision is complete.

Evacuation. Added language on what to do if entrants need to evacuate a permit space.

Decontamination. There was language requiring patient decontamination. The group consensus was to move this language to the appendix on rescue. In its place, language was added requiring MSDSs and providing them to the medical providers.

Rescue.

For non-entry rescue – modified the language to include a rescue person, as the rescue “team" may only consist of the attendant retrieving the entrant from the space.
For entry rescue – language change from ensuring the rescue team can proficiently perform rescues to ensuring rescue teams can efficiently perform rescues.
Added language requiring that, if a third-party rescue service is used, that the agreement is in writing.

Alternate Entry.

Changed the language in the exception for alternate entry.
Added language to specify which parts of the rule don't apply when one uses alternate entry.
Added a condition on when the space must be evacuated during alternate entry (new hazard or conditions change).

Training. Moved the awareness training piece to the bottom of the training section to avoid confusion and clarified that it is only for employees who work around permit spaces.

Records. Modified the record retention section to refer back to the rule that requires a review of the permit program.

The requirements of this standard are similar to the requirements of the existing general industry standard, but are written to clarify employer obligations and eliminate confusing requirements.

This rulemaking amends Oregon-initiated rules OAR 437-002-0182, 437-002-0256, and 437-002-0312 to update the rule reference to the new Oregon rule 437-002-0146 Confined Spaces. Also amended to reflect the new Confined Spaces rules are 1910.120 Appendix E, and 1910.269 that currently refer the reader to 1910.146. We also repeal 1926.21(b)(6) in Division 3/C, and place a note referring the reader to Division 2/J, 437-002-0146 Confined Spaces.

Administrative Order 1-2012, adopted and effective April 10, 2012: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA's standards.

Oregon OSHA revised Division 2/H, General Industry/Hazardous Materials, rules which will:

Repeal the current Acetylene rule, 1910.102, that is based on the Compressed Gas Association (CGA) Pamphlets; G-1-1966, G1.3-1959, G1.4-1966
Adopt new rule, OAR 437-002-2102, Acetylene, that updates references to standards developing organizations (SDO standards) making them consistent with current industry practices which will improve employee safety by clarifying employer obligations, and eliminate confusing requirements.

Based on comments received at the public hearing and during the open comment period, the following are added to the new acetylene rule:

Compliance with Compressed Gas Association (CGA) Pamphlet G-1-2009 (“Acetylene") (Compressed Gas Association, Inc., 12th ed., 2009.)
Clarification to store and use cylinders valve end up.
Note to allow minimal movement by hand of cylinders to get them on and off carts or pallets.
Install reverse flow check valves and flashback arrester according to manufacturer recommendations.

Administrative Order 9-2007, adopted and effective December 3, 200: Oregon OSHA adopts a new Dipping and Coating standard in General Industry. This rule combines the requirements of the current standards in 1910.122 through 1910.126. This is also part of our initiative to convert our rules into clear language. The standards in 1910.122 through 1910.126 are removed and a new rule OAR 437-002-0122, Dipping and Coating is adopted into Division 2/H.

The first correction deletes two references to a nonexistent table in the Mechanical Power-Transmission Apparatus Standard. The second is a correction of typographical errors in the Mechanical Power Presses Standard. The third correction is to a cross-reference in the Telecommunications Standard. The fourth correction is to a reference to a table contained in the Hazardous Materials Standard for Hydrogen.

These changes are in Oregon OSHA's Divisions 2/H, 2/O, and 2/R. Federal OSHA amended CFR 1926.307 in the June 8, 2004 Federal Register. Oregon OSHA did not adopt 1926.307, therefore, it is not included in this rulemaking.

Administrative Order 4-2004, adopted and effective September 15, 200: Federal OSHA published, in the June 8, 2004 Federal Register, error corrections (typographical and reference) to four standards. Oregon OSHA's standards must be at least as effective as federal OSHA, therefore, we are adopting the corrections.

Administrative Order 4-2002, filed and effective May 30, 2002: Oregon OSHA repealed OAR 437-002-1910.124(g)(2). This paragraph was in Division 2/H, in the dipping and coating operations standard. Replacing this paragraph is a note directing the reader to Division 2/K, 437-002-0161(5), which is the paragraph for emergency eyewash and shower facilities. This rulemaking is intended to eliminate any confusion about which standard to use to ensure worker safety in this area.

Administrative Order 12-2001, filed and effective October 26, 2001: These changes just update invalid references to obsolete publications or other parts of our standards.

Administrative Order 4-1999, filed 4/30/99, effective 4/30/99: Federal OSHA made amendments in general industry and construction in both safety and health standards that will revise or eliminate duplicative, inconsistent, or unnecessary regulatory requirements without diminishing employee protections. Changes being made to health standards include reducing the frequency of required chest x-rays and eliminating sputum-cytology examinations for workers covered by the coke oven and inorganic arsenic standards, and changing the emergency-response provisions of the vinyl chloride standard. Changes being made to OSHA safety standards, eliminating the public safety provisions of the temporary labor camp standard, eliminating unnecessary cross-references in the textile industry standards, and others.

Administrative Order 3-1998, filed 7/7/98, effective 7/7/98: Federal OSHA published in the Federal Register the new Respiratory Protection Standard. The new standard replaces respiratory protection standards that were adopted in 1971 by OSHA. The new respiratory protection text is in general industry, 29 CFR 1910.134. The text previously in 1910.134 has been redesignated as 1910.139, Respiratory Protection for M. Tuberculosis. Four subdivisions in the Construction standard have also been amended.

Administrative Order 4-1997, filed and effective 4/2/97: Adopted by reference corrections and technical amendments issued by Federal OSHA. Oregon OSHA, made simple corrections and reference changes in Division 2/H, as well as other subdivisions in General Industry, Construction, and Maritime Activities.

Amended by OR-OSHA Administrative Order 3-1995, f. 2/22/95, ef. 2/22/95.

Administrative Order 6-1994, filed 9/30/94, effective 9/30/94: Excepted rules in 1910.119 were adopted by reference by OR-OSHA and amendments were also made to Table OR-118-1.

Administrative Order 14-1993, filed 8/27/93, effective 11/1/93.

Administrative Order 3 1993, filed 2/23/93, effective 2/23/93: Editorial corrections were made to 1910.119 and OAR 437-002-0119.

Administrative Order 8-1992, filed 8/13/92, effective 11/24/92: Oregon OSHA adopted by reference 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals, a new federal standard.

Administrative Order 3-1992, f. 2/6/92, ef. 2/6/92: OAR 437-002-0100(17) is the rule which adopts by reference the federal standard 29 CFR 1910.120.

Oregon OSHA Administrative Order 2-1992, filed 2/6/92, effective 5/1/92: The following federal rules were adopted by reference. OAR 437, Division 2, Subdivision H, Hazardous Materials (29 CFR 1910.101 through 1910.116). (See note on 1910.120, Hazwaste.) (See note on 1910.119, Process Safety Management.)

Oregon-initiated rules were also adopted pertaining to Spray Finishing Operations (437-002-0107), and Explosives and Blasting Agents (437-002-0109). All Oregon-initiated rules are printed in italics and located with related federal rules.

The Oregon Code on Reinforced Plastics Manufacturing (formerly Division 152) was amended and is now included in 2/H as OAR 437-002-0118. This code follows 1910.107, Spray Finishing Operations, in this codebook.

The following Oregon Codes were replaced by rules in Division 2/H effective 5/1/92:

OAR 437, Div. 45, Handling and Use of Explosives & Blasting Agents

119, Spray Finishing Operations
122, Compressed Gases
123, Flammable & Combustible Liquids
124, Dip Tanks Containing Flam. & Combust. Liquids
125, Liquefied Petroleum Gases
126, Storage & Handling of Anhydrous Ammonia
142, Acetylene
143, Hydrogen
144, Oxygen
145, Nitrous Oxide
150, Reinforced Plastics Manufacturing

Administrative Order 22-1990, filed 9/28/90, effective 10/1/90.

APD Administrative Order 12-1989, filed 7/14/89, effective 7/14/90: Oregon OSHA adopted by reference 29 CFR 1910.120, Final Rules on Hazardous Waste Operations and Emergency Response, which replaced Interim Final Rules effective.