PDF Field Inspection Reference Manual (FIRM) - Oregon

[Pages:169]December 2017

Revised 12-4-2017

Oregon OSHA FIRM

Compliance Officer's Guide (COG)

DISCLAIMER

This Field Inspection Reference Manual (FIRM) or the Compliance Officer's Guide (COG) is intended to provide instruction regarding some of the internal operations of the Oregon Occupational Safety and Health Division (Oregon OSHA), and is solely for the benefit of the State of Oregon Government. No duties, rights, or benefits, substantive or procedural, are created or implied by this manual. The contents of this manual are not enforceable by any person or entity against the Department of Consumer and Business Services.

BACKGROUND

The FIRM was originally issued by federal OSHA September of 1994 replacing most of the previous Field Operations Manual (FOM). Since that time, Oregon OSHA has revised its own version of the FIRM in 2003 and will update it on a regular basis by amending chapters or sections as necessary. It provides the field staff a reference document for identifying the responsibilities associated with the majority of their inspection duties.

The Oregon OSHA FIRM or COG implements the Federal Field Operations Manual (FOM), instruction CPL 02-00-148 (effective November 9. 2009), that replaced federal OSHA's Field Inspection Reference Manual (FIRM), instruction CPL 02-00-103, issued September 26, 1994.

Oregon OSHA FIRM

Compliance Officer's Guide (COG)

CHAPTER 1 Oregon OSHA Structure, Programs and Inspections

CHAPTER 2 Hazard Evaluation and Violation Documentation

CHAPTER 3 Conducting Inspections

CHAPTER 4 Complaint and Referral Inspections

CHAPTER 5 Imminent Danger, Investigations and Emergency Response

CHAPTER 6 Specialized Inspection Procedures

CHAPTER 7 Penalty Assessment

CHAPTER 8 Inspection Report Preparation

CHAPTER 9 Post-Citation Procedures

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CHAPTER 1

Oregon OSHA Structure, Programs and Inspections

I. Oregon OSHA's Mission II. Oregon OSHA Sections III. Oregon OSHA Scholarship and Grant Programs

Workers' Memorial Scholarship Program Occupational Safety & Health Training and Education Grant Program IV. Oregon OSHA Cooperative Programs Safety and Health Achievement Recognition Program (SHARP) Voluntary Protection Program (VPP) Oregon OSHA Partnerships Alliance Program V. Small Business Exemption Appropriations Act (Byron Rider) VI. Enforcement Inspection Priorities VII. Unprogrammed Inspections Unprogrammed Related Inspections Employer Information Requests VIII. Programmed Inspections Scheduled Inspections Scheduled Inspection Exemptions Special Emphasis Programs National Emphasis Programs (NEPs) Local Emphasis Programs (LEPs) Scheduling Construction and Logging Safety Inspections Follow-Up Inspections Programmed Related Inspections Triple Zero Inspections Pre-Job Meetings

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Return to Index

CHAPTER 2

Hazard Evaluation and Violation Documentation

I. Rules and Regulations Oregon Administrative Rules (OARs) Federal Rules

II. Violations of Vertical and Horizontal Rules Definitions of Vertical and Horizontal Rules Application of Vertical and Horizontal Rules

III. Four Major Elements of Violation Documentation Element 1: Oregon OSHA Jurisdiction Place of Employment Definition Employer Definitions Employer Responsibilities Employee Definition Employee Responsibilities Determination of Employer/Employee Relationship Multi-Employer Worksites Jurisdiction Guidelines Element 2: Hazard (Severity Rating) Hazard Definition Types of Workplace Hazards Documentation of Hazards Classifying Severity Rating Determining the Most Serious Injury or Illness Multiple Hazards Severity vs. Probability Element 3: Employee Exposure (Probability Rating) Types of Employer Exposure Establishing Employee Exposure

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Return to Index

Documenting Employee Exposure Additional Documentation to Consider Classifying Probability Rating Element 4: Employer Knowledge Types of Employer Knowledge Documenting Employer Knowledge Documenting Industry Recognition Documenting Reasonable Diligence Affirmative Defense IV. Violations of the General Duty Clause (ORS 654.010) Application of the General Duty Clause Limitations of Use of the General Duty Clause Evaluation of General Duty Clause Requirements Procedures for Implementation of ORS 654.010 Enforcement V. Citing a General Duty Clause Violation Hazard Must be Reasonably Foreseeable Hazard is Not the Cause of the Accident/Incident Hazard Must Affect the Cited Employer's Employees Hazard Was Causing or Likely to Cause Death or Serious Physical Harm Hazard May be Corrected by a Feasible and Useful Method Do Not Cite the Lack of a Particular Abatement Method VI. Willful Violations Willful by Intentional Disregard Willful by Plain Indifference Documenting Willful Violations Willful vs. Repeat Willful/Criminal Violations Statewide Safety or Health Manager Coordination Criteria for Investigating Possible Willful/Criminal Violations VII. Egregious Violations

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VIII. Repeat Violations Re-numbered Rules Time Limitations Statewide Repeat Violations Documenting Repeat Violations Repeat vs. Failure to Abate

IX. Failure-to-Abate Violations X. Variance Violations XI. De minimis Conditions XII. Administrative Violations XIII. Common Health Violations

Violations of the Noise Standard Violations of Air Contaminant Standards Violations for Improper Personal Hygiene Practices Biological Monitoring Hazard Communication XIV. Order to Correct XV. Hazard Letters Types of Hazard Letters

Return to Index

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CHAPTER 3

Conducting Inspections

Return to Index

I. Scopes of Inspections Comprehensive Inspections Partial Inspections Expanding Partial Inspections

II. Preparing for an Inspection Office Preparation Personal Protective Equipment

III. Field Staff Safety and Health Threats, Threatening Behavior, or Acts of Violence Working in Remote Locations Drive Safely Personal Hygiene Practices Special Entry Restrictions

IV. Advance Notice Advance Notice Exceptions Advance Notice Procedure Advance Notice Delays

V. Conditions that May Delay the Inspection Right to Inspect Inspections Where Employer Seeks Delay Refusal of Entry or Inspection Employer Inspection Interference Forcible Interference with Conduct of Inspection or Other Official Duties Access to Records Bankrupt or Out of Business (Triple Zero) Strike or Labor Dispute Interference with Employee Right to Participate

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