Or. Admin. R. 437-001-0765
Current through Register Vol. 63, No. 6, June 1, 2024
Section 437-001-0765 - Safety Committees and Safety MeetingsThis rule requires employers to establish and administer a safety committee, or to hold safety meetings, to communicate and evaluate safety and health issues. Purpose: The purpose of safety committees and safety meetings is to bring workers and management together in a non-adversarial, cooperative effort to promote safety and health. Safety committees and safety meetings will assist you in making continuous improvement to your safety and health programs. Scope: This rule applies to public or private employers in Oregon subject to Oregon OSHA jurisdiction, except as listed below. You do not have to comply with this rule if you are: The sole owner and only employee of a corporation; A member of a board or commission and do not participate in the day-to-day activities of the company. You are not considered an employee for purposes of this rule. Engaged in agricultural activities covered by Division 4, Subdivision C. Engaged in forest activities covered by Division 7, Subdivisions B and C. Division 2, Subdivision L OAR 437-002-0182(7) requires employers engaged in fire service activities to establish a separate fire service safety committee or opt for safety meetings if they meet the criteria in the following table. You can choose a committee or meetings.
(1) You must establish and administer an effective safety committee or hold effective safety meetings as defined by these rules: Table 1 (attached). Safety Committees(2) If you have 20 or fewer employees you must have at least 2 members. If you have more than 20 employees you must have at least 4 members.(3) You must have an equal number of employer-selected members and employee-elected or volunteer members. If both parties agree, the committee may have more employee-elected or volunteer members. NOTE: Management can select a supervisor to represent them. Employees can elect a supervisor to represent them.
(4) Your safety committee members must: Have a majority agree on a chairperson. Serve a minimum of one year, when possible. Be compensated at their regular rate of pay. Have training in the principles of accident and incident investigations for use in evaluating those events. Have training in hazard identification. Be provided with meeting minutes. Represent major activities of your business.(5) Your safety committee must meet on company time as follows: Quarterly in situations where employees do mostly office work. Monthly for all other situations (except the months when quarterly worksite inspections are performed).(6) You must keep written records of each safety committee meeting for three years that include: Names of attendees. Meeting date. All safety and health issues discussed, including tools, equipment, work environment, and work practice hazards. Recommendations for corrective action and a reasonable date by which management agrees to respond. Person responsible for follow up on any recommended corrective actions. All reports, evaluations, and recommendations made by the committee.(7) Your safety committee must establish procedures for conducting workplace safety and health inspections. Persons trained in hazard identification must conduct inspections as follows: Table 2 (attached).(8) In addition to the above requirements, your safety committee must: Work with management to establish, amend, or adopt accident investigation procedures that will identify and correct hazards. Have a system that allows employees an opportunity to report hazards and safety and health related suggestions. Establish procedures for reviewing inspection reports and for making recommendations to management. Evaluate all accident and incident investigations and make recommendations for ways to prevent similar events from occurring. Make safety committee meeting minutes available for all employees to review. Evaluate management's accountability system for safety and health, and recommend improvements. Examples include use of incentives, discipline, and evaluating success in controlling safety and health hazards.(9) If you have multiple locations, you may choose to have a centralized safety committee. A centralized safety committee must represent the safety and health concerns of all locations and meet the requirements for safety committees. If you rely on a centralized committee, you must also have a written safety and health policy that: Represents management commitment to the committee. Requires and describes effective employee involvement. Describes how the company will hold employees and managers accountable for safety and health. Explains specific methods for identifying and correcting safety and health hazards at each location. Includes an annual written comprehensive review of the committees' activities to determine effectiveness. Safety Meetings NOTE: Two or more employers at a single location may combine resources to meet the intent of these rules.
(10) Safety meetings must: Include all available employees. Include at least one employer representative authorized to ensure correction of safety and health issues. Be held on company time and attendees paid at their regular rate of pay.(11) Hold safety meetings with the following frequency if: Table 3 (attached).(12) Safety meetings must include discussions of: Safety and health issues. Accident investigations, causes, and the suggested corrective measures.(13) Employers in construction, utility work, and manufacturing must document, make available to all employees, and keep for three years a written record of each meeting that includes the following: Hazards related to tools, equipment, work environment, and unsafe work practices identified and discussed during the meeting. The date of the meeting. The names of those attending the meeting. All other employers do not need to keep these records if all employees attend the safety meeting.(14) If you are a subcontractor on a multi-employer worksite, to meet the intent of (11) through (13), your employees may attend the prime contractor's safety meetings. You may keep the minutes from these meetings as a part of your records to meet the intent of (13). If you choose this option, you must still meet to discuss accidents involving your employees.(15) Innovation. After you apply, Oregon OSHA may grant approval for safety committees or safety meetings that differ from the rule requirements yet meet the intent of these rules.(16) Effective Dates. The effective date for compliance with this rule is January 1, 2009. For employers with 10 or fewer employees, other than those in construction, the effective date is September 19, 2009.Or. Admin. R. 437-001-0765
WCD 10-1982, f. & ef. 7-30-82; OSHA 12-1990(Temp), f. & cert. ef. 6-18-90; OSHA 28-1990, f. 12-18-90, cert. ef. 3-1-91; OSHA 6-1994, f. & cert. ef. 9-30-94, Renumbered from 437-040-0044, 437-040-0045, 437-040-0046, 437-040-0047, 437-040-0048 & 437-040-0049; OSHA 10-1995, f. & cert. ef. 11-29-95; OSHA 8-2001, f. & cert. ef. 7-13-01; OSHA 6-2003, f. & cert. ef. 11-26-03; OSHA 7-2006, f. & cert. ef. 9-6-06; OSHA9-2008, f. 9-19-08, cert. ef. 1-1-09; OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.176