OR-OSHA v. United Parcel Service, Inc.

Under OAR 437-001-0025, OR-OSHA’s only express interpretive constraints are those that OR-OSHA, itself, mandates, but “rules shall be liberally construed to accomplish the preventative purposes expressed in the [OSEA].”

OR-OSHA appealed an administrative law judge’s order that vacated a citation given to UPS. OR-OSHA cited UPS for a violation of 29 CFR § 1910.219(c)(4)(i), a federal workplace safety rule which provides that an unguarded “projecting shaft end” of a power-transmission apparatus may not project more than one-half the diameter of the shaft. UPS was cited because a shaft in operation did not have any of the shaft’s end guarded by a nonrotating cap or safety sleeve and the shaft’s end appeared to the inspector to project out from the conveyor more than one-half the shaft’s diameter. On appeal, OR-OSHA argued that absent federal OSHA guidance with respect to measurement process of the statute, OR-OSHA is a state agency that determines for itself what workplace safety rules to adopt. Under OAR 437-001-0025, OR-OSHA’s only express interpretive constraints are those that OR-OSHA, itself, mandates, but “rules shall be liberally construed to accomplish the preventative purposes expressed in the [OSEA].” The Court held that OR-OSHA exercised the authority delegated to it by the director to promulgate rules because OR-OSHA may independently interpret a federal rule for adoption. Reversed and remanded.