Oregon Secretary of State

Department of Consumer and Business Services

Oregon Occupational Safety and Health Division - Chapter 437

Division 1
RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT

437-001-0096
Red Warning Notice

(1) The Red Warning Notice shall be authorized by either the Director, the Administrator, or designee. For purposes of this rule, a Camp Closure Notice is a Red Warning Notice.

(2) When action is necessary to preclude or eliminate exposure of employees to a condition which, if such exposure occurred or continued, would constitute a violation of any statute or of any lawful regulation, rule, standard, or order affecting employee safety or health at a place of employment, a Red Warning Notice authorized under subsection (1) will be posted. The notice will be posted in plain view of any person likely to use the place of employment, machine, device, apparatus, or equipment that constitutes the hazard.

(3) Any place of employment, machine, device, apparatus, or equipment on which a Red Warning Notice has been posted must not be operated or used by any person until:
(a) The condition has been made safe and healthful; and
(b) The Red Warning Notice has been removed by Oregon OSHA; however,
(c) Nothing in this section prohibits an employer from using any place of employment, or operating any machine, device, apparatus, or equipment, exclusively for the purpose of remedying the violation, pursuant to the instructions on the Red Warning Notice.

(4) No person shall deface or destroy a Red Warning Notice or remove it without authorization from Oregon OSHA.

(5) The Red Warning Notice will be removed after:
(a) Notification from the employer that the condition has been corrected; and
(b) A follow-up inspection or other information confirms that the condition has been corrected.

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
History:
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74


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