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Upcoming Rulemaking

Oregon Occupational Safety and Health Rules in Development

The items listed below are projects Oregon OSHA is currently engaged in. These rules are in the pre-proposed stage. If you have questions about these projects or are interested in participating in the process, use the Oregon OSHA staff contact information for the item of interest.


Permissible Exposure Limits (PELs)

Summary: Oregon OSHA is tackling the challenge of the outdated permissible exposure limits (PELs). We met with industry experts to determine which constituents have PELs that are under protective and expose employees in Oregon.

Timetable: The advisory committee met and decided to begin rulemaking for Lead and Manganese PELs. After these rulemakings are substantially completed, the advisory committee will meet again to discuss which PELs to do next.

Oregon OSHA staff contact:
Technical staff, Oregon OSHA
350 Winter Street NE
Salem OR 97301-3882
Telephone: 503-378-3272
Email: tech.web@oregon.gov


Lead (PEL)

Summary: As part of Oregon OSHA’s initiative to address outdated exposure limits, a stakeholder group was convened to address outdated limits for lead. The committee is comprised of representatives from a wide variety of businesses and organizations. If you would like to be a part of this group, please send an email dave.mclaughlin@oregon.gov, and include your contact information and whom you represent.

Timetable: The first stakeholder meeting was July 12, 2017. The stakeholder group met multiple times in 2017 and will reconvene meetings in early 2018. For meeting minutes and more information about the stakeholder group, see the Lead Advisory Committee page.

Oregon OSHA is working with the State of Washington Department of Occupational Safety and Health (WA-DOSH) for this rulemaking. Washington’s first meeting was June 29. Visit WA-DOSH rulemaking page.

Oregon OSHA staff contact:
Dave McLaughlin, Oregon OSHA
350 Winter St NE
Salem OR 97301-3882
Telephone: 503-947-7457
Email: dave.mclaughlin@oregon.gov


Manganese (PEL)

Summary: The current PEL for Manganese compounds and Manganese fume in workplaces is a “ceiling limit” of 5 milligrams of the substance (as the element Mn) per cubic meter of air, An employee’s exposure to this substance must never exceed this concentration in the workplace atmosphere at any time during the workday. Based on the potential for adverse health effects, both the National Institute of Occupational Safety and Health (NIOSH) and the American Conference of Governmental Industrial Hygienists (ACGIH) have recommended significantly more protective (lower) exposure limits for Manganese. 

Timetable: The first stakeholder meeting was August 3, 2017. The stakeholder group met multiple times in 2017 and will reconvene meetings in early 2018. For meeting minutes and more information about the stakeholder group, see the Manganese Advisory Committee page.

Oregon OSHA is looking for additional stakeholders from affected industries and will be considering the economic impact of any proposed rule changes. If you are interested in being part of this stakeholder group, please send an email to kathleen.kincade@oregon.gov that includes your name, contact information, and whom you represent.

Oregon OSHA staff contact:
Kathleen Kincade, Oregon OSHA
350 Winter St NE
Salem OR 97301-3882
Telephone: 503-947-7452
Email: kathleen.kincade@oregon.gov


Employer Knowledge - Division 1

Summary: Oregon OSHA plans to propose rulemaking that addresses the issue of employer knowledge and the role of reasonable diligence in determining whether an employer has “constructive knowledge” of a violation in the worksite.

Timetable: A small group of stakeholders met in the summer of 2015 and reconvened in the spring of 2016. This rulemaking has been resurrected and new pre-proposal draft language is being presented to stakeholders throughout the Winter of 2018-2019 as stakeholder groups continue meeting. At the request of stakeholders, Oregon OSHA is convening a fiscal impact advisory committee for this rulemaking, as well as the rulemaking regarding penalty adjustments. This committee will begin meeting in January 2020. For more information and meeting minutes, visit the Employer Knowledge Advisory Committee page.

Oregon OSHA staff contact:
Technical staff, Oregon OSHA
350 Winter Street NE
Salem OR 97301-3882
Telephone: 503-378-3272
Email: tech.web@oregon.gov


Agricultural Labor Housing - Division 4

Summary: Oregon OSHA has begun the process of consulting stakeholders regarding updating and improving rules around agricultural labor housing (ALH). Oregon OSHA has put together a stakeholder group with the core consisting of the small agricultural employer advisory committee, as well as members of other interested parties, including worker advocates. 

Timetable: The ALH advisory committee had their first meeting in November 2018, and plans to continue meeting throughout 2019.

Oregon OSHA staff contact:
Jeff Carlson, Oregon OSHA
350 Winter Street NE
Salem OR 97301-3882
Telephone: 503-947-7407
Email: jeffery.t.carlson@oregon.gov


Penalties Adjustment - Division 1

Summary: Oregon OSHA plans to propose rulemaking that keeps Oregon OSHA’s penalty amounts in line with those of federal OSHA. Federal OSHA has adjusted the penalty amounts every year based on inflation. Oregon OSHA, as a state plan state, has reviewed its penalty amounts every year to determine any need for adjustment based on the requirement that rules be as effective or more effective than federal OSHA. Oregon OSHA has determined that this year penalty amounts will need to be adjusted in order to stay in compliance with the state plan.

Timetable: Oregon OSHA met with stakeholders through the winter of 2018-2019, and at the request of stakeholders, Oregon OSHA is convening a fiscal impact advisory committee for this rulemaking, as well as the rulemaking regarding employer knowledge. This committee will begin meeting in January 2020.

Oregon OSHA staff contact:
Heather Case, Oregon OSHA
350 Winter Street NE
Salem OR 97301-3882
Telephone: 503-947-7449
Email: heather.case@oregon.gov


Respirator Fit Testing – Divisions 2 & 4

Summary: Federal OSHA recently adopted final rules for adding two additional PortaCount® quantitative fit testing protocols to its respiratory protection standard (1910.134 Appendix A). Oregon OSHA has filed proposed rulemaking to adopt these additional fit testing protocols. This rulemaking will not remove any existing fit testing protocols.

Timetable: Oregon OSHA proposed this rulemaking in December 2019, and will hold one public hearing on January 7, 2020. The public comment period for this rulemaking ends January 24, 2020. Potential adoption is expected in January 2020.

Oregon OSHA staff contact:
Matt Kaiser, Oregon OSHA
350 Winter Street NE
Salem OR 97301-3882
Telephone: 503-947-7407
Email: Jeffery.t.carlson@oregon.gov


Non-Entry Firefighting - Division 2

Summary: Oregon OSHA has begun the process of consulting stakeholders regarding rulemaking to protect employees of industries whose focus is not firefighting, but who may be asked to assist in fire containment activities. These employees are often part of rural fire agencies that do not go inside a building to fight a fire but may work to contain the fire until fire departments arrive. Oregon OSHA has put together a stakeholder group with the core consisting of the fire services advisory committee, as well as members of other interested parties.

Timetable: The non-entry firefighting stakeholders have met multiple times in 2019, and continue to bring draft language and suggestions to the fire services advisory committee. These groups will continue to meet throughout 2020 before proposing potential rule changes.

Oregon OSHA staff contact:
Renée Stapleton, Oregon OSHA
350 Winter Street NE
Salem OR 97301-3882
Telephone: 503-947-7402
Email: renee.m.stapleton@oregon.gov


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