Or. Admin. Code § 437-001-0057 - Scheduling Inspections
The following rules are intended to predominantly focus
enforcement activities on the places of employment that the
(1)
The Division will schedule programmed inspections according to a priority
system based on written neutral administrative standards.
(2) The Division will identify the most
hazardous industries and places of employment through information obtained from
the Department of Consumer and Business Services claim and employer files, the
Bureau of Labor Statistics Occupational Injury and Illness Survey, the Bureau
of Labor Statistics Census of Fatal Occupational Injuries, the Oregon
Employment Department , and knowledge of recognized safety and health hazards
associated with certain processes. Health hazards include carcinogens, lead,
silica, toxic metals and fumes, vapors or gases, toxic or highly corrosive
liquids or chemicals, chemical sensitizers, pesticides, fungicides, solvents,
harmful physical stress agents, and biological agents.
(3) Scheduling lists will be provided by the
Division to its field offices, at least annually.
Note: An
Note: An
(4) Scheduling
Safety Inspections for Fixed Places of Employment.
(a) The scheduling lists are compiled, using
an electronic scheduling system, for safety enforcement managers to schedule
inspections at fixed places of employment for each compliance officer . Written
neutral administrative standards (the seven criteria listed below) are
standardized using a statistical weighting method involving t-scores. These
weighted scores are averaged across the seven criteria to create a composite
score. This composite score is used to determine the position of each industry
(using the 4-digit NAICS code) on the list from most to least hazardous. Table
1 (attached). Lists are divided into 10 tiers. Places of employment are
randomly selected for inspection within each tier using the following
percentages whenever a list is generated. The percentages will not be affected
by the places of employment excluded in (4)(b) unless the number of exclusions
makes it impossible to meet the target percentage. When that occurs, all
remaining eligible places of employment will be selected. The scheduling lists
will be sorted by field office.
(A) 30 percent
of places of employment under the NAICS identified as Tier A.
(B) 25 percent of places of employment under
the NAICS identified as Tier B.
(C)
20 percent of places of employment under the NAICS identified as Tier
C.
(D) 15 percent of places of
employment under the NAICS identified as Tier D.
(E) 12.5 percent of places of employment
under the NAICS identified as Tier E.
(F) 10 percent of places of employment under
the NAICS identified as Tier F.
(G)
7.5 percent of places of employment under the NAICS identified as Tier
G.
(H) 5 percent of places of
employment under the NAICS identified as Tier H.
(I) 2.5 percent of places of employment under
the NAICS identified as Tier I.
(J)
No more than 0.05 percent of places of employment under the NAICS not otherwise
identified in Tiers A through I.
(b) Places of employment will be exempt from
programmed inspections if any of the following conditions apply:
(A) A location has received a comprehensive
safety inspection within the previous 36 months.
(B) A location has received Voluntary
Protection Program (VPP) status.
(C) A location is in its second year, or
later, of the Safety and Health Achievement Recognition Program
(SHARP).
(D) A location has
graduated from the Safety and Health Achievement Recognition Program (SHARP).
Locations are exempt from inspection for 36 months after graduation.
(E) A location has received two consecutive
comprehensive safety inspections with no serious, willful, or egregious
violations, and with no inspections of any type resulting in serious, willful,
or egregious violations since the date of the first of the two consecutive
comprehensive inspections.
(F) A
location has received certification as meeting the British Standards
Institute's OHSAS 18001 standards (Occupational Health and Safety Management
Systems), or the ISO 45001 (International Organization for Standardization)
standards. Evidence of certification must be provided before the start of an
inspection .
(G) A location has a
MOD rate of 0.50 and they provide evidence to that effect before the start of
an inspection .
(c) The
field office managers will provide each compliance officer a list of
inspections that are assigned in descending order from tiers A through J. The
compliance officer will make a reasonable effort to inspect each place of
employment on that list prior to receiving another list; however, failure to
inspect all places of employment on a list will not invalidate subsequent
inspections. The compliance officer 's list will generally be followed in
descending order but may be inspected in any order to use the compliance
officer 's time efficiently.
(5) Scheduling Safety Inspections for
Construction and Forest Activities.
(a)
Construction and forest activities scheduling lists will be used by safety
enforcement managers and compliance staff to focus enforcement efforts on
employers with the most hazardous places of employment. Employers will be
selected and placed on one of two lists based on the following criteria:
(A) Construction List - The following written
neutral administrative standards will be used to select and rank employers on
this list. Construction employers that have one or more accepted disabling
claims in the first 12 of the previous 18 months and are ranked in the top 500
construction employers. The employers on this list will be ranked statewide
using violation history, weighted claims rate, and weighted claims count as
described in subsection (b) of this section. The 500 employers with the most
points will be placed on a list.
(B) Forest Activities List - The following
written neutral administrative standards will be used to select and rank
employers on this list. Forest activities employers that have one or more
accepted disabling claims in the first 12 of the previous 18 months and are
ranked in the top 50 forest activities employers. The employers on this list
will be ranked statewide using violation history, weighted claims rate, and
weighted claims count as described in subsection (b) of this section. The 50
employers with the most points will be placed on a list.
(b) Ranking Factors: Construction and forest
activities employers are ranked using violation history, weighted claims rate,
and weighted claims count. The rankings from each factor are combined to
produce a score for each employer , and the employers are ranked based on their
score. The top 500 construction employers will be on one list and the top 50
forest activities employers will be on another list:
(A) Violation History- Employers with a
violation history will be assigned points for each violation on citations that
have become a final order within the previous 36 months. Willful violations are
assigned five points, failure to abate violations four points, repeat
violations three points, serious violations two points, and other-than-serious
violations one point. Average points per citation will be determined with the
employer having the most points receiving a ranking of one followed by the
employer with the next highest points receiving a ranking of two, etc.
Employers not inspected within 36 months are given a ranking of zero, that will
put them at the top of this category.
(B) Weighted Claims Count- Selected claims
from the first 12 of the previous 18 months are assigned points based on the
seriousness of the claim. These points are totaled for each employer . Employers
are ranked on the total points with the employer having the most points
receiving a rank of one, followed by the second highest weighted claims count
receiving a ranking of two, etc.
(C) Weighted Claims Rate- Employers are
ranked in this category with the highest weighted claims rate receiving a
ranking of one, followed by the second highest weighted claims rate receiving a
ranking of two, etc. The weighted claims count described in (B) above is used
to determine the claims rate.
NOTE: The selected claims and the points assigned to the selected claims will be identified by the agency in a program directive.
(c) The field office
manager will provide selected compliance officers the construction and/or
forest activities lists. The compliance officers will make a reasonable effort
to locate and inspect those employers on the construction and forest activities
lists, however failure to inspect all employers on a list will not invalidate
subsequent inspections.
(6) Scheduling Health Inspections for Fixed
Places of Employment.
(a) The scheduling
lists are designed as an electronic scheduling system used by health
enforcement managers to schedule inspections at fixed places of employment for
each compliance officer . Places of employment will be listed by NAICS and
randomly selected within each tier using the following percentages whenever a
list is generated. The scheduling lists will be sorted by field office.
(A) 7.5 percent of places of employment under
the NAICS identified as Tier A.
(B)
2.5 percent of places of employment under the NAICS identified as Tier
B.
(C) Not more than 0.05 percent
of places of employment under NAICS not identified in Tiers A and B.
(b) Places of employment will be
exempt from programmed inspections if any of the following conditions apply:
(A) A location has received a comprehensive
health inspection within the previous 36 months.
(B) A location has received Voluntary
Protection Program (VPP) status.
(C) A location is in its second year, or
later, of the Safety and Health Achievement Recognition Program
(SHARP).
(D) A location has
graduated from the Safety and Health Achievement Recognition Program (SHARP).
Locations are exempt from inspection for 36 months after graduation.
(E) A location has received two consecutive
comprehensive health inspections with no serious, willful, or egregious
violations, and with no inspections of any type resulting in serious, willful,
or egregious violations since the date of the first of the two consecutive
comprehensive inspections.
(F) A
location has received certification as meeting the British Standards
Institute's OHSAS 18001 standards (Occupation Health and Safety Management
Systems). Evidence of certification must be provided before the start of an
inspection .
(G) A location has a
MOD rate of 0.50 and they provide evidence to that effect before the start of
an inspection .
(c) The
field office managers will provide each compliance officer a list of
inspections that are assigned in descending order from the health scheduling
lists. The compliance officer will make a reasonable effort to inspect each
place of employment on that list prior to receiving another list; however,
failure to inspect all places of employment on a list will not invalidate
subsequent inspections. The compliance officer 's list will generally be
followed in descending order, but may be inspected in any order to use the
compliance officer 's time efficiently.
(7) Scheduling Health Inspections for
Nonfixed Places of Employment - An inspection may be scheduled when information
such as recognized health hazards known to be associated with certain processes
are reasonably thought to exist at a place of employment.
(8) Random Inspections - The Division will
conduct random inspections of places of employment that are scheduled and
conducted under written neutral administrative standards. Program directives
will be issued and changed when the director believes it necessary to preserve
the random nature of the inspections.
(9) Emphasis Inspections - An inspection may
be made if the place of employment is included in a national or local safety or
health emphasis program . Emphasis programs are established by identifying the
most hazardous industries and processes through information obtained from the
Department of Consumer and Business Services claim files, the Bureau of Labor
Statistics Occupational Injury and Illness Survey, the Oregon Employment
Department , and knowledge of recognized hazards associated with certain
processes. Program directives will be issued to establish and describe emphasis
programs and the written neutral administrative standards that will be used to
schedule the inspections.
(10) Farm
Labor Housing Inspections - Farm labor housing is a national and local emphasis
program . A list of all known farm labor housing locations will be sent to field
offices annually. Locations may be selected and inspected in any order to make
efficient use of available resources. Housing locations not on the list may
also be inspected. Farm labor housing is not an agricultural operation;
therefore, the agriculture exemption for employers of 10 or fewer permanent ,
year-round employees does not apply to farm labor housing
inspections.
(11) The Division will
annually make reasonable efforts to notify, in writing, each employer whose
place of employment is rated as one of the most unsafe places of employment,
that there is increased likelihood of inspection of the employer 's place of
employment and consultative services are available.
(12) Agricultural employers with 10 or fewer
permanent , year-round employees, both full-time and part-time, will be subject
to scheduled inspections only if any of the following has occurred:
(a) A valid complaint has been filed
according to ORS 654.062, or
(b) Within the preceding two-year period, an
accident at the employer 's agricultural place of employment resulted in death
or a serious disabling injury from a violation of the Oregon Safe Employment
Act or rules adopted under the act , or
(c) The employer and principal supervisors of
the agricultural establishment have not annually completed at least four hours
of instruction on agricultural safety or health rules and procedures. This
instruction must be documented.
(A)
Instruction includes any instruction conducted or accepted by Oregon OSHA or
instruction related to agricultural safety and health that is offered or
approved by any public or private college, university, or governmental agency.
The employer must maintain documentation of the instruction. The documentation
must include the date, provider, subject, and duration of the instruction, and
the signature of the person completing the instruction.
NOTE: Certified Applicator Training Core A and B offered by the
Oregon
(B) For purposes of these
sections, the time period begins to run when the instruction is received,
or
(d) Within the
preceding four-year period, the agricultural establishment has not had a
comprehensive consultation by an individual acting in a public or private
consultant capacity. For purposes of this section, the time period begins to
run when the consultation is received, or
(e) If the consultation was done and the
agricultural employer has failed to correct violations noted in the
consultation report within 90 days after receiving the report.
NOTE: For purposes of determining the number of employees,
members of the agricultural
(13) Evaluation of Enforcement
Scheduling:
(a) Each year Oregon OSHA will
complete a summary evaluation of enforcement scheduling, including (but not
limited to) the number of scheduled inspections and the basis for those
inspections, the number of attempted scheduled inspections that could not be
completed, and the results of those inspections.
(b) At least every three years beginning by
July 1, 2012, Oregon OSHA will assess the enforcement scheduling system and
other available data to ensure that the scheduling system continues to
accomplish its statutory purpose of predominantly focusing Oregon OSHA
enforcement resources on those places of employment reasonably believed to be
the most unsafe.
NOTE: See Safety by NAICS, Safety by Tier/Rank, Health by NAICS, to review safety and health scheduling lists of employers identified by NAICS codes and their placement in appropriate tiers.
Notes
To view tables referenced in
Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.326, 654.412 - 654.423 & 654.991
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