Or. Admin. R. 437-001-0055

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-001-0055 - Priority of Inspections

Inspections will be prioritized to predominantly focus enforcement activities on places of employment reasonably believed to be the most unsafe. Inspections should generally be made according to the following priorities:

(1) Imminent danger - An inspection should be made as soon as possible after the Division becomes aware of the condition, practice, or act that could reasonably be expected to immediately cause death or serious physical harm.

(2) Fatality, catastrophe, or accident - An inspection, if appropriate, should be made as soon as possible after the Division becomes aware of a fatality, catastrophe, or accident.

(3) Complaint - An inspection may be initiated when the Division receives a complaint, based on the nature and credibility of the allegations.

(4) Referral - An inspection may be made if safety or health violations were observed and referred by a Division employee; federal, state, or local government representative; or the media, based on the nature and credibility of the allegations.

(5) Programmed Inspections - An inspection may be made by following the provisions in OAR 437-001-0057.

(6) Follow-up - An inspection may be initiated when one or more of the following exists:

(a) The employer requests removal of a red warning notice.

(b) A variance request has been denied.

(c) An extension of time has been denied.

(d) The Division believes the employer may not be in compliance with a previously cited violation, or needs monitoring as they progress towards correction of a violation.

(e) The employer is issued an order to correct for one or more violations that if cited could be considered serious.

Or. Admin. R. 437-001-0055

WCD 5-1978, f. 6-22-78, ef. 8-15-78; WCD 4-1981, f. 5-22-81, ef. 7-1-81; WCD 6-1982, f. 6-28-82, ef. 8-1-82; APD 6-1987, f. 12-23-87, ef. 1-1-88; APD 7-1988, f. 6-17-88, ef. 7-1-74; OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92; OSHA 11-1999(Temp), f. & cert. ef. 10-20-99 thru 4-14-00; OSHA 4-2000, f. 4-14-00, cert. ef. 4-15-00; OSHA 10-2009, f. & cert. ef. 10-5-09; OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018; OSHA 3-2023, amend filed 11/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented: ORS 654.001 - 654.326, 654.412 - 654.423 & 654.991