Current through Register Vol. 63, No. 12, December 1, 2024
Application. This rule applies to personal protective equipment
and other protective equipment for the eyes, face, head, extremities and torso
to include protective clothing, respiratory devices, and protective shields and
barriers, wherever employees encounter hazardous processes or environments,
chemical hazards, radiological hazards, or mechanical irritants that are
capable of causing injury or impairment in the function of any part of the body
through absorption, inhalation or physical contact.
(1) Hazard assessment and equipment
selection. The employer must assess the workplace to determine if hazards are
present, or are likely to be present, which necessitate the use of personal
protective equipment (PPE) or other protective equipment. If such hazards are
present, or likely to be present, the employer must:
(a) Select, and have each affected employee
use, the types of PPE that will protect the affected employee from the hazards
identified in the hazard assessment;
(A) All
protective equipment must be of safe design and construction for the work to be
performed.
(B) Protective equipment
must be worn and used in a manner which will make full use of its protective
properties.
(b)
Communicate selection decisions to each affected employee; and,
(c) Select PPE that properly fits each
affected employee.
Note: Non-mandatory Appendix B to Subdivision 2/I, contains an
example of procedures that would comply with the requirement for a hazard
assessment.
(2)
Equipment.
(a) Where employees provide their
own protective equipment, the employer is responsible to assure its adequacy,
including proper maintenance, and sanitation of such equipment.
(b) All personal protective equipment must be
provided, used, and maintained in a sanitary and reliable condition.
(c) Defective or damaged personal protective
equipment must not be used.
(d)
Each employer must maintain a regular system of inspection and maintenance of
personal protective equipment furnished to workers.
(3) Training.
(a) The employer must provide training to
each employee who is required by this section to use PPE and each employee that
is provided training must know at least the following:
(A) When PPE is necessary;
(B) What PPE is necessary;
(C) How to properly don, doff, adjust, and
wear PPE;
(D) The limitations of
the PPE; and,
(E) The proper care,
maintenance, useful life and disposal of the PPE.
(b) Each affected employee must demonstrate
an understanding of the training specified in paragraph (3)(a) of this section,
and the ability to use PPE properly, before being allowed to perform work
requiring the use of PPE.
(c) When
the employer has reason to believe that any affected employee who has already
been trained does not have the understanding and skill required by paragraph
(3)(b) of this section, the employer must retrain each such employee.
Circumstances where retraining is required include, but are not limited to
situations where:
(A) Changes in the workplace
render previous training obsolete; or
(B) Changes in the types of PPE to be used
render previous training obsolete; or
(C) Inadequacies in an affected employee's
knowledge or use of assigned PPE indicate that the employee has not retained
the requisite understanding or skill.
(4) Payment for protective equipment.
(a) Except as provided by paragraphs (4)(b)
through (4)(f) of this section, the protective equipment, including personal
protective equipment (PPE), used to comply with this part, must be provided by
the employer at no cost to employees.
(b) The employer is not required to pay for
non-specialty safety-toe protective footwear (including steel-toe shoes or
steel-toe boots) and non-specialty prescription safety eyewear, provided that
the employer permits such items to be worn off the job-site.
(c) When the employer provides metatarsal
guards and allows the employee, at his or her request, to use shoes or boots
with built-in metatarsal protection, the employer is not required to reimburse
the employee for the shoes or boots.
(d) The employer is not required to pay for:
(A) The logging boots required by OAR
437-007-0330 in Division
7.
(B) Everyday clothing, such as
long-sleeve shirts, long pants, street shoes, and normal work boots;
or
(C) Ordinary clothing, skin
creams, or other items, used solely for protection from weather, such as winter
coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary
sunglasses, and sunscreen.
(e) The employer must pay for replacement
PPE, except when the employee has lost or intentionally damaged the
PPE.
(f) Where an employee provides
adequate protective equipment he or she owns pursuant to paragraph (2)(a) of
this section, the employer may allow the employee to use it and is not required
to reimburse the employee for that equipment. The employer must not require an
employee to provide or pay for his or her own PPE, unless the PPE is excepted
by paragraphs (4)(b) through (4)(e) of this section.
(5) Fall Protection. When fall protection
systems are required by another standard, the employer must ensure that fall
protection systems are provided, installed, and implemented according to the
criteria in 1926.502,
437-003-0502,
437-003-1502 and
437-003-2502 in Division 3/M,
Fall Protection.
(6) Work Clothing.
(a) Clothing must be worn which is
appropriate to the work performed and conditions encountered.
(b) Appropriate high temperature protective
clothing must be worn by workers who are exposed to possible contact with
molten metals or other substances that can cause burns.
(c) Loose sleeves, ties, lapels, cuffs, or
other loose clothing must not be worn near moving machinery.
(d) Clothing saturated or impregnated with
flammable liquids, corrosive or toxic substances, irritants, or oxidizing
agents must be removed immediately and not worn again until properly
cleaned.
(e) Rings, wristwatches,
earrings, bracelets, and other jewelry which might contact power driven
machinery or electric circuitry, must not be worn.
(f) Allow employees to wear a face covering
if they so choose, unless doing so creates or otherwise exposes the employee to
a hazard. Employers must supply these items at no cost to employees when the
employer requires their use.
Note: For purposes of this rule, employers are not required to
allow voluntary use of respirators if an employee requests to use one in lieu
of a face covering.
(7) High Visibility Garments. Employees
exposed to hazards caused by on highway type moving vehicles in construction
zones and street/highway traffic must wear highly visible upper body garments.
The colors must contrast with other colors in the area sufficiently to make the
worker standout. Colors equivalent to strong red, strong orange, strong yellow,
strong yellow-green or fluorescent versions of these colors are acceptable.
During hours of darkness, the garments must also have reflective material
visible from all sides for 1000 feet.
(8) Eye And Face Protection.
(a) The employer must ensure that each
affected employee uses appropriate eye or face protection when exposed to eye
or face hazards from flying particles, molten metal, liquid chemicals, acids or
caustic liquids, chemical gases or vapors, or potentially injurious light
radiation.
(b) The employer must
ensure that each affected employee uses eye protection that provides side
protection when there is a hazard from flying objects. Detachable side
protectors (e.g., clip-on or slide-on side shields) meeting the pertinent
requirements of this section are acceptable.
(c) The employer must ensure that each
affected employee who wears prescription lenses while engaged in operations
that involve eye hazards wears eye protection that incorporates the
prescription in its design, or shall wear eye protection that can be worn over
the prescription lenses without disturbing the proper position of the
prescription lenses or the protective lenses.
(d) Eye and face PPE must be distinctly
marked to facilitate identification of the manufacturer.
(e) The employer must ensure that each
affected employee uses equipment with filter lenses that have a shade number
appropriate for the work being performed for protection from injurious light
radiation. [Insert Table 1 and Table 2 for
437-003-0134(8)(e)]
(f) Protective eye and face
protection devices must comply with any of the following consensus Standards.
(A) ANSI/ISEA Z87.1-2010, Occupational and
Educational Personal Eye and Face Protection Devices, incorporated by reference
in 1926.6;
(B) ANSI Z87.1-2003,
American National Standard Practice for Occupational and Educational Eye and
Face Protection, which is incorporated by reference in 1926.6; or
(C) ANSI Z87.1-1989 (R-1998), American
National Standard Practice for Occupational and Educational Eye and Face
Protection, which is incorporated by reference in 1926.6.
(g) Protective eye and face protection
devices that the employer demonstrates are at least as effective as protective
eye and face protection devices that are constructed in accordance with one of
the above consensus standards will be deemed to be incompliance with the
requirements of this section.
(h)
Employees whose occupation or assignment requires exposure to laser beams shall
be furnished laser safety goggles as required by Occupational Health
Regulations which will protect for the specific wavelength of the laser and be
of optical density adequate for the energy involved.
(9) Head Protection.
(a) The employer must ensure that each
affected employee wears a protective helmet when working in areas where there
is a potential for injury to the head from falling or flying objects.
(b) The employer must ensure that a
protective helmet designed to reduce electrical shock hazard is worn by each
such affected employee when near exposed electrical conductors which could
contact the head.
(c) Head
protection must comply with any of the following consensus standards:
(A) ANSI Z89.1-2009, American National
Standard for Industrial Head Protection, which is incorporated by reference in
1926.6;
(B) ANSI Z89.1-2003,
American National Standard for Industrial Head Protection, which is
incorporated by reference in 1926.6;
(C) ANSI Z89.1-1997, American National
Standard for Industrial Head Protection, which is incorporated by reference in
1926.6; or
(d) Head
protection devices that the employer demonstrates are at least as effective as
head protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
(e)
Employees who are exposed to power-driven machinery or to sources of ignition
shall wear caps or other head covering which completely covers the
hair.
(10) Foot
Protection.
(a) The employer must ensure that
each affected employee use protective footwear when working in areas where
there is a danger of foot injuries due to falling or rolling objects, or
objects piercing the sole, and where such employee's feet are exposed to
electrical hazards.
(b) Protective
footwear must comply with any of the following consensus standards:
(A) ASTM F-2412-2005, Standard Test Methods
for Foot Protection, and ASTM F-2413-2005, Standard Specification for
Performance Requirements for Protective Footwear, which are incorporated by
reference in 1910.6;
(B) ANSI
Z41-1999, American National Standard for Personal Protection -Protective
Footwear, which is incorporated by reference in1910.6; or
(C) ANSI Z41-1991, American National Standard
for Personal Protection -Protective Footwear, which is incorporated by
reference in §1910.6.
(c) Protective footwear that the employer
demonstrates is at least as effective as protective footwear that is
constructed in accordance with one of the above consensus standards will be
deemed to be in compliance with the requirements of this section.
(d) Special types or designs of shoes or foot
guards are required where conditions exist that make their use necessary for
the safety of workers.
(11) Leg protection.
(a) Leggings or high boots of leather,
rubber, or other suitable material must be worn by persons exposed to hot
substances or dangerous chemical spills.
(b) Employees using chain saws must wear
chaps or leg protectors that cover the leg from the upper thigh to mid-calf.
The protector must be material designed to resist cuts from the chain saw.
Employers must provide this protection at no cost to the employee.
(12) Hand Protection.
(a) Employers must select and require
employees to use appropriate hand protection when employees' hands are exposed
to hazards such as those from skin absorption of harmful substances; severe
cuts or lacerations; severe abrasions; punctures; chemical burns; thermal
burns; and harmful temperature extremes.
(b) Employers must base the selection of the
appropriate hand protection on an evaluation of the performance characteristics
of the hand protection relative to the task(s) to be performed, conditions
present, duration of use, and the hazards and potential hazards
identified.
(c) Gloves must not be
worn by persons whose hands are exposed to moving parts in which they could be
caught.
(13) Skin
protection. Where the need for their use is necessary, protective covering,
ointments, gloves, or other effective protection must be provided for and used
by persons exposed to materials which are hazardous to the skin.
To view attachments referenced in rule text,
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rule.
Statutory/Other Authority: ORS
654.025(2)
& 656.726(4)
Statutes/Other Implemented: ORS
654.001 -
654.295
