Recent changes to Oregon OSHA’s construction industry rules

In early December 2011, Oregon OSHA made a number of changes to its workplace safety rules. Most of these changes came about because of Phase III of federal OSHA’s Standards Improvement Project, an ongoing effort to clean up rules that are “confusing, outdated, duplicative, or inconsistent.” Construction rules affected by the changes in December include:

Sanitation

437-003-0015, Drinking Water – updates the definition of potable water so that it is the same as the definition in the general industry (Division 2/J) and Agriculture (Division 4/J) rules. Also, in Construction rules (1926.51 (f)(3)(iv), Sanitation) the word “warm” was removed from the term “warm air blowers.” This allows employers to use a variety of mechanical hand-drying techniques as technology advances.

Respiratory protection program requirements for “substance-specific” rules

Effective July 1, 2012, Oregon OSHA has expanded the respiratory protection program requirements when employees are exposed to lead, asbestos, cadmium, and methylenedianiline. Added to the program requirements are 1910.134(e), Medical Evaluation, and 1910.134(o), Appendices. New rules added are:

• 437-003-0062, Lead Respiratory Protection Program. (Repealed 1926.62(f)(2)(i).)
• 437-003-1101, Asbestos Respiratory Protection Program. (Repealed 1926.1101(h)(2)(i).)
• 437-003-1127, Cadmium Respiratory Protection Program. (Repealed 1926.1127(g)(2)(i).)
• 437-003-3060, Methylenedianiline Respiratory Protection Program. (Repealed 1926.60(i)(2).)

Material handling

1926.251, Rigging Equipment for Material Handling – adds the requirement that employers use only slings that have identifications markings. The final rule provides similar protection for shackles.

Exposure and medical records transfer

OSHA removed a requirement for employers to transfer certain exposure and medical records to NIOSH and clarified a reference to 1910.1020, Employee Access to Exposure and Medical Records in the following rules:

• 1926.60, Methylenedianiline
• 1926.62, Lead
• 1926.1101, Asbestos
• 1926.1127, Cadmium

Certification of training records

1926.1127, Cadmium – OSHA removed a paragraph requiring employers to certify training records.

Lead – blood lead levels

OSHA revised the blood lead levels at which employers must take certain actions to protect employees exposed to lead. The revision changes the terms “exceeds” and “above” to “at or above” and “at or below” to “below” in the medical surveillance requirements of 1926.62, Lead.

See more in ARTICLE 4, Understanding what’s new in Oregon OSHA’s lead rules