OAR 437-002-0139: Working Underway on Water.

(1) Scope and Application: This rule applies to all employees not covered by division 3, Construction; division 4, Agriculture or division 6, Forest Practices. (2) Definitions: (a) Boat — means every description of water craft used or capable of being used as a means of transportation on the water, but does not include aircraft built to land on the water. EXAMPLE: A partial list includes: boats, rafts, barges, pontoons, dredges and floating logs. (b) Serviceable condition — means the flotation device is able to perform the function that the manufacturer intended. (c) Underway — means when a boat is not at anchor, or moored, or made fast to the shore, or aground. (3)(a) Workers in boats that are underway must wear a Coast Guard approved or equivalent, wearable personal flotation device (PFD). EXCEPTION: Workers, below deck or in enclosed parts of boats, like cabins and pilot houses need not wear the PFD but must have it at hand. (b) The PFD must be the right size for the wearer and must be in serviceable condition according to the manufacturer’s requirements and recommendations.