Construction Law

Oregon State Plan Exceptions Part 2 featured image

Oregon State Plan Exceptions Part 2

In part one of this two-part series, the Portland contractor lawyers at Cotney Attorneys & Consultants discussed some of the important OSHA State Plan exceptions that all contractors working in Oregon should be aware of. We detailed three specific exceptions, including:

  1. Construction taking place on or near navigable U.S. waters.
  2. Construction taking place on Indian reservations.
  3. Construction taking place within a federal military reservation.

Now, we will continue to discuss some of these important exceptions and how they affect contractors contributing provisions of labor and materials to the Beaver State. Remember, whether you need assistance negotiating a contract, protecting your company from an OSHA citation, or filing a mechanic’s lien against a delinquent owner, an experienced Portland contractor lawyer is prepared to serve you.

Other Exceptions

In addition to the exceptions we detailed in part one, the OSHA State Plan for Oregon does not cover workers who are employed at Crater Lake National Park, U.S. Department of Energy’s Albany Research Center (ARC), or the United States Postal Service (USPS) mail operations. These workplaces must abide by OSHA’s federal laws and regulations.

Additionally, the OSHA State Plan for Oregon stipulates that “any hazard, industry, geographical area, operation or facility over which the State Plan is unable to effectively exercise jurisdiction for reasons which OSHA determines are not related to the required performance or structure of the plan shall be deemed to be an issue not covered by the State Plan.”

State Plan Standards

The OSHA State Plan for Oregon has a bevy of unique standards related to the construction industry, including:

  • Air Contaminants
  • Asbestos
  • Branch Circuits
  • Cadmium
  • Concrete and Masonry Construction
  • Cranes and Derricks
  • Electric Power Transmission and Distribution
  • Excavations
  • Fall Protection
  • Flooring
  • Hazardous Waste and Emergency Response
  • Lead
  • Methylenedianiline
  • Motor Vehicles and Mechanized Equipment
  • Noise Exposure
  • Personal Protective Equipment
  • Power-Actuated Tools
  • Project Plans
  • Respiratory Protection
  • Sanitation
  • Scaffolds
  • Shoring, Bracing, or Guying of Structures
  • Stairways and Ladders
  • Steel Erection and Wood Framing
  • Temporary Floors
  • Traffic Control
  • Working near Overhead High Voltage Lines and Equipment

When you consult with a Portland contractor lawyer from Cotney Attorneys & Consultants, our experienced legal team can give you precise information about how these standards affect your workers and your project sites. When working in multiple states, you may have to observe distinct State Plans. This opens an opportunity for contractors to violate OSHA’s rules and regulations. Don’t let yourself be caught off guard.

If you would like to speak with one of our Portland contractor lawyers, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.