Field Inspection Reference Manual (FIRM) - Oregon OSHA

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December 2016 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 once in 2003. This revision
incorporates and replaces the 2003 Oregon FIRM, and is designed to be
updated 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 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
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
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
Return to Index 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 CHAPTER 3
Conducting Inspections
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
Return to Index Release for Entry
VI. Inspection Warrants
Pre-inspection Warrant
Obtaining a Warrant
Serving the Warrant
Following Serving the Warrant
Police Assistance
VII. Opening Conference
Time of Inspection
First Impression
Presenting Credentials
Conducting Opening Conference
Abbreviated Opening Conference
Attendance at Opening Conference
Form Completion
Oregon OSHA Consultation Exemption
OHSAS 18001 Certification Exemption
Experience Modification Rate Exemption
Voluntary Compliance Programs Exemptions
Scope of Inspection
Trade Secrets
Unauthorized Personnel in Trade Secret Areas
Photographs and Videotapes of Trade Secrets
Photographs, Videotapes and Audio Recorders
Collecting Samples
Employee Participation through Interviews
Allowable Penalty Adjustments
Employees of Other Employers
VIII. Records Review
Injury and Illness Records
Return to Index Construction Injury and Illness Records
DART Rate Calculation
Posting Requirements
Safety & Health Program Review
Workplace Violence Prevention Program Review
Screening for Process Safety Management (PSM) Coverage
Classified and Trade Secret Information
Minimize Irrelevant Information
IX. Walkaround Inspection
Walkaround Representatives
Disruptive Conduct