Oregon Administrative Rules
Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION
Division 4 - AGRICULTURE
Section 437-004-0100 - Universal Definitions

(a) Accepted - Something is accepted if:

(b) Agricultural employer - means any person, corporation, association, or other legal entity who meets the definition of an employer in ORS 654.005(5) and who:

(c) Agricultural establishment - means a farm, ranch, nursery, greenhouse, or production facility that is a place of employment and is engaged in the activities described in Division 4/A, 437-004-0002 Scope.

(d) Approved - means acceptable for the purposes of rule compliance, under the following criteria:

(e) Boiling point - The temperature at which the liquid form of a substance changes into a vapor, at a standard atmospheric pressure. The initial boiling point of a substance is determined according to test methods specified in Appendix B to Division 2/Z, 1910.1200, Hazard Communication Standard.

(f) CAS - is the Chemical Abstracts Service Registry Number, a unique numerical identifier assigned by the Chemical Abstracts Service to every chemical described in the open scientific literature.

(g) Capacity - is the maximum load or severity of service (determined by the manufacturer or a qualified engineer) that a tool, machine, equipment, structure, or material is expected to withstand without failure, deformation, separation or fracture.

(h) Certified - is something that:

(i) Combustible - A substance or material that is able or likely to catch fire and burn.

(j) Combustible liquid - The "combustible liquid" classification is no longer used in Division 4 rules because it was eliminated by the globally harmonized classification and labeling system (GHS) adopted in OSHA's Hazard Communication Standard. Any liquid with a flash point of 199.4°F (93 degrees C.) or less is considered to be one of the four categories of flammable liquids. (See "Flammable liquids," below.)

NOTE: The term "combustible liquid" is still used by the National Fire Protection Association (NFPA) system of classification and by the Oregon State Fire Marshal to classify liquids that will burn but do not ignite as easily as flammable liquids. The NFPA system defines some chemicals as "combustible liquids" that would be included as a category of "flammable liquid" in the OSHA/GHS classification system. (See Appendix A to Subdivision 4/H, 437-004-0720 Flammable Liquids, for a comparison of the GHS and NFPA systems of classification of flammable/combustible liquids.)

(k) Competent person - is a person who, because of training and experience, can identify existing and predictable hazards in equipment, material, conditions or practices; and, who has the knowledge and authority to take corrective steps.

(l) Explosive - something capable of causing damage to the surroundings by chemical reaction. Explosives are defined in Appendix B to 1910.1200 - Physical Hazard Criteria at B.1 EXPLOSIVES.

(m) Farming - Is the production of agricultural field crops, tree crops; horticultural specialties, greenhouse crops; and the production of livestock and animal specialties. Farming includes farm labor and management services; agricultural services and support activities (such as soil preparation; crop cultivation, protection, and harvesting;) and, the basic preparation of the crop or commodity for market. The farming production process is typically completed at the "farm gate" - that is, at the point of first sale or price determination.

NOTE: Throughout this division, the term "farming," "agriculture," "production agriculture," and "agricultural operations" are synonymous.

(n) Flammable - Capable of being easily ignited, burning intensely, or having a rapid rate of flame spread. Flammable substances are defined in Appendix B to 1910.1200 - Physical Hazard Criteria at B.2 FLAMMABLE GASES, B.3 FLAMMABLE AEROSOLS, B.6 FLAMMABLE LIQUIDS, and B.7 FLAMMABLE SOLIDS.

(o) Flammable liquids - are liquids having a flash point at or below 199.4 degrees F. (93 degrees C.) As defined in the globally harmonized system of classification and labeling (GHS) adopted in OSHA's Hazard Communication Standard, flammable liquids are divided into four categories as follows:

(p) Flashpoint - is the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid, as determined by specific testing methods. These test methods are specified in Appendix B to Division 2/Z, 1910.1200, Hazard Communication Standard.

(q) Hazardous Chemical - is any chemical which is classified, under the requirements of the Hazard Communication Standard, as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.

NOTE: See Division 2/Z, 1910.1200 Hazard Communication Standard, for more information.

(r) Ignition source - the origin of something that results in a fire or an explosion. Examples include open flames; smoking; cutting and welding; hot surfaces and radiant heat; frictional heat; static, electrical, and mechanical sparks; chemical and physical-chemical reactions; spontaneous ignition; and lightning.

(s) Labeled - Something is labeled if:

(t) Listed - is something mentioned in a list that:

(u) Nationally Recognized Testing Laboratory - (NRTL) is defined in 1910.7 Definition and Requirements for a Nationally Recognized Testing Laboratory and OAR 437-002-0007 Oregon Rule on Testing and Certification Program. (Examples of organizations in this category are Factory Mutual Engineering Corporation, and Underwriters' Laboratories.)

(v) Place of employment - is every place (fixed, movable or moving) where an employee works or is intended to work. It includes every place where (either temporarily or permanently) there is any activity related to an employer's business, including a labor camp.

NOTE: "Place of employment" does not include a place where the only employment involves nonsubject workers employed in or about a private home; or a farm where only the farm's family members are employed.

(w) Qualified person - is a person who has a recognized degree, certification, professional standing, knowledge, training or experience; and has successfully demonstrated the ability to perform the work, or solve or resolve problems relating to the work, subject matter, or project.

(x) Reasonable means - is what a prudent person, familiar with the circumstances of the industry would do to work in a safe and healthful manner.

(y) Safeguard - is any form of safety device or equipment; personal protective equipment; guard or barricade; warning device, sign, or method; or a process prescribed or adopted for the protection of an employee.

(z) Substantial - means constructed with sufficient strength or installed to provide ample support to withstand loads to which the structure or device may be subjected.

(aa) Worker - is identical in every respect to "employee" as defined in ORS 654.005(4) including:

(bb) Workplace - See "Place of Employment," above.