Or. Admin. R. 437-001-0060
Current through Register Vol. 63, No. 6, June 1, 2024
Section 437-001-0060 - Advance Notice(1) No person shall give advance notice of an inspection without authority of the Director, the Administrator, or designee, subject to penalties as prescribed in ORS 654.991(2).(2) If the Director, the Administrator, or designee approves a request for advance notice of an inspection:(a) The notice shall not be given more than 24 hours in advance; and(b) When advance notice is given to the employer, and if required by the Director, the Administrator, or designee, either at the time advance notice is given or any time thereafter, the employer must notify the employee representative without delay of the proposed inspection, or in the absence of an employee representative, immediately post a notice, provided to the employer by Oregon OSHA, in a sufficient number of locations in the place of employment to reasonably inform employees of the planned inspection. Failure to provide such notice when directed by the Director, the Administrator, or designee may result in a penalty as outlined in OAR 437-001-0176.(3) It will not be considered advance notice to advise a federal or state agency that is not the subject of the inspection of a proposed inspection in order to avoid duplicate inspections or to facilitate enforcement.(4) Any person who gives advance notice of any safety or health inspection without authority from the Director, the Administrator, or designee shall be punished, upon conviction, by being assessed a penalty not to exceed $1,000 or be imprisoned for not more than six months, or both, as prescribed in ORS 654.991(2).Or. Admin. R. 437-001-0060
WCB 19-1974, f. 6-5-7 -4, ef. 7-1-74; 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 5-2018, amend filed 11/29/2018, effective 12/17/2018; OSHA 13-2021, amend filed 11/01/2021, effective 12/1/2021Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295