Oregon Revised Statutes
As used in ORS 453.001 to 453.185, unless the context requires otherwise: “Authority” means the Oregon Health Authority. “Director” means the Director of the Oregon Health Authority. HAZARDOUS SUBSTANCES (Generally)
As used in ORS 453.005 to 453.135 unless the context requires otherwise: “Combustible” means any substance that has a flash point above 80 degrees Fahrenheit to and including 140 degrees, as determined by the Tagliabue Open Cup Tester. “Commerce” means any and all commerce within the State of Oregon and subject to the jurisdiction thereof and includes the …
ORS 453.005 to 453.135 and 453.990 (2) do not apply to: Articles such as chemical sets which by reason of functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical or thermal hazard, and which bear labeling giving adequate directions and warnings for safe use, and are intended for use by ch…
Nothing in ORS 453.005 to 453.135 and 453.990 (2) is intended to interfere with or prevent the legitimate sale of completely denatured alcohol or methyl alcohol (methanol) by garages and filling stations, when used for antifreeze purposes and poured directly into the radiator of any automobile or motor vehicle by the seller thereof. Stores and shops other t…
(Regulation; Prohibited Acts)
The Director of the Oregon Health Authority shall adopt standards for the labeling of hazardous substances. The director may permit or require the use of a recognized generic name or may require the common or usual name or the chemical name, if there is no common or usual name, of the hazardous substance or of each component which the director finds contribu…
Every person who purchases poison shall be registered in a poison register, kept solely for that purpose, stating the date and hour of the sale, the name and address and the signature of the purchaser, the kind and quantity of the poison sold, a statement by the purchaser of the purpose for which it is required, and the name of the dispenser, who must be a p…
The Director of the Oregon Health Authority shall declare to be a hazardous substance any substance or mixture of substances which the director finds to be within the definition of hazardous substance in ORS 453.005. If the director finds that any hazardous substance is a misbranded hazardous substance, the director shall require such reasonable variations …
Whenever the Director of the Oregon Health Authority or a designated representative finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, the director or designated representative shall affix to such article a tag or other appropriate marking, giving notice that such article is or is …
Any article or substance sold by its manufacturer, distributor, or dealer that is a banned hazardous substance, whether or not it was such at the time of its sale, shall, in accordance with rules of the Director of the Oregon Health Authority, be repurchased as provided in this section. The manufacturer or distributor of any such article shall repurchase it…
A person may not perform any of the following acts: The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of a hazardous substance. The performance of any act with respect to a h…
(Administration)
The authority to adopt rules for the administration and enforcement of ORS 453.005 to 453.135 and 453.990 (2) is vested in the Director of the Oregon Health Authority pursuant to ORS chapter 183. The director shall cause the rules adopted under ORS 453.005 to 453.135 and 453.990 (2) to be no less strict than rules established pursuant to the Federal Hazardo…
(Enforcement)
For the purposes of enforcement of ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority or a designated representative upon presenting appropriate credentials to the owner, operator or agent in charge, may: Enter, at reasonable times, any factory, warehouse or establishment in which hazardous substances are manufactured, proce…
For the purpose of enforcing the provisions of ORS 453.005 to 453.135 and 453.990 (2), carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon request, permit the Director of the Oregon Health Authority or a designated representative at reasonable times, to have access …
In addition to the remedies provided in ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority may apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of ORS 453.085.
Before any violation of ORS 453.005 to 453.135 and 453.990 (2) is reported to any district attorney or police official for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present the person’s views before the Director of the Oregon Health Authority or th…
(Miscellaneous)
Except as otherwise specifically provided by law, no person shall sell or dispense at retail any poison without affixing to the box, bottle, vessel or package containing the poison, a clear and legible label, either printed or written, bearing the name of the poison in English with the name and the place of business of the pharmacist, owner or manager by who…
It is unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons or any caustic or corrosive substances specified in ORS 453.005 (14) or in the rules of the State Board of Pharmacy. ART AND CRAFT MATERIALS (Generally)
As used in ORS 453.205 to 453.275: “Art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or principal importer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. “Art or craft material” does not include economic…
The Legislative Assembly: Finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material which contains toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teachers, students at every educational level, hobbyists and children. Toxic substances …
(Regulation; Prohibited Acts)
For the purposes of ORS 453.205 to 453.275, an art or craft material shall be presumed to contain an ingredient which is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is one percent or more by weight of the mixture or product, or if the Oregon Health Authority determines that the toxic or carci…
No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person: Has failed to affix a conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects. Has failed to affix a conspicuous label warning of the health-related dangers of the art or craft mate…
Art or craft material that is considered by the Oregon Health Authority to contain a toxic substance causing chronic illness may not be ordered or purchased by a school or school district for use by students in kindergarten and grades 1 through 6. Any substance that is a toxic substance causing chronic illness may not be ordered or purchased by a school or …
By June 1, 1986, the Oregon Health Authority shall develop a list of those art or craft materials which can be purchased or ordered for use in kindergarten and in grades 1 through 6 and a list of materials which, while not currently sold or manufactured, may be reasonably suspected to still exist at some schools. In developing the lists, the authority shall …
The manufacturer of any art or craft material sold, distributed, offered for sale or exposed for sale in this state shall supply to a national poison control network approved by the Director of the Oregon Health Authority the formulation information required by that network for dissemination to poison control centers. Failure to file formulation information …
Violation of ORS 453.235 or 453.265 is punishable by a civil penalty of not to exceed $1,000 that may be imposed and collected in the manner prescribed in ORS 441.705 to 441.745.
COMMUNITY INFORMATION ON HAZARDOUS SUBSTANCES (Generally)
As used in ORS 453.307 to 453.414: “Community right to know regulatory program” or “local program” means any law, rule, ordinance, regulation or charter amendment established, enforced or enacted by a local government that requires an employer to collect or report information relating to the use, storage, release, possession or composition of hazardous subs…
The Legislative Assembly finds and declares that: The public’s health and safety may be endangered by a lack of knowledge about hazardous substances located within this state. Information on the use of hazardous substances in this state should be made readily available to members of the public, allowing them to take measures to protect themselves against d…
The State Fire Marshal shall develop a hazardous substance survey and distribute the survey to employers in this state. The survey shall request the following information from such employers: The identity and hazard classification of the hazardous substance as listed on a material safety data sheet; The approximate amount and location of the hazardous subs…
The State Fire Marshal shall retain for at least five years the information provided by the employer under ORS 453.317. The State Fire Marshal shall provide copies of the information to each local public health authority as defined in ORS 431.003, fire district and any public or private safety agency participating in the emergency communications system purs…
Notwithstanding any other provision of ORS 453.307 to 453.414 and 476.030, the public is permitted access to records retained under ORS 453.322 relating to hazardous substances not otherwise protected as a trade secret or by a confidentiality agreement described in ORS 453.332 and 453.337. A person requesting information under this section may be required to…
An employer responding to a request under ORS 453.317 may withhold the specific hazardous substance identity, including the chemical name and any other specific identification of a hazardous substance, if: Upon a showing satisfactory to the State Fire Marshal, the records, reports or information, or particular parts thereof, if made public, would divulge pr…
If a health professional determines that a medical emergency exists and the specific identity of a hazardous substance is necessary for emergency or first-aid treatment, the employer shall immediately, if known, disclose the specific hazardous substance identity without first requiring a written statement of need or a confidentiality agreement. The employer …
Any fire department, emergency service personnel or law enforcement agency responding to an incident of injury to a human, wildlife, domestic animal or property resulting from a hazardous substance emergency shall make a report of the incident, in writing, to the Department of the State Fire Marshal. The State Fire Marshal annually shall summarize all incide…
The State Fire Marshal shall assist with emergency response planning by appropriate agencies of government at the local, state and national levels to assure that the response to a hazardous substance fixed site or transportation accident is swift and appropriate to minimize damage to any person, property or wildlife. This planning shall include assisting in …
The State Fire Marshal may exempt by rule certain hazardous substances from all or part of the reporting requirements of ORS 453.317 and 453.342. Such an exemption can be made only if the State Fire Marshal finds that the location, quantity, concentration or type of hazardous substance or substances is not likely to endanger the public health, welfare or saf…
In addition to any other liability or penalty provided by law the State Fire Marshal may impose a civil penalty in an amount not to exceed $1,000 per day against any employer who, by a complete or partial failure to report hazardous substances, does not comply with the provisions of ORS 453.307 to 453.352 or any order or rule entered or adopted under ORS 453…
In order to conduct the hazardous substance survey under ORS 453.317, the State Fire Marshal may obtain employers’ names and addresses from the Department of Consumer and Business Services. The Department of the State Fire Marshal shall pay for the expenses incurred by the Department of Consumer and Business Services in providing such information.
In accordance with applicable provisions of ORS chapter 183, the State Fire Marshal shall adopt rules necessary to carry out the provisions of ORS 453.307 to 453.414.
In order to maintain and ensure the effectiveness of state programs established under ORS 453.307 to 453.414, as well as to ensure the effectiveness of local efforts, a local government may establish, enforce or enact a local community right to know regulatory program provided that the local program complies with the requirements of this section. To the ext…
ORS 453.307 to 453.414 may be cited as the Community Right to Know and Protection Act.
The State Fire Marshal shall establish by rule a plan for the effective implementation of a statewide hazardous material emergency response system, which, to the extent practicable, shall be consistent with the emergency response plan adopted under ORS 466.620. The statewide hazardous material emergency response system shall include, but need not be limited …
In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, or enforcing the provisions of ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material shall, upon the request of…
In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material shall, upon the request of any authorized local government official, permit the o…
In order to protect life and property against the dangers of emergencies involving a hazardous substance as defined in ORS 453.307, the State Fire Marshal may assign and make available for use and duty in any county, city or district, under the direction and command of a person designated by the State Fire Marshal, any part of a regional hazardous material r…
Whenever the State Fire Marshal or a local fire department or district dispatches a regional hazardous material response team to an emergency involving a hazardous material or hazardous substance, the State Fire Marshal or local fire department or district may bill the person responsible for causing the emergency for the cost of responding to the emergency. …
During operations authorized under ORS 453.374 to 453.390, members of regional hazardous materials response teams shall be protected and defended from liability under ORS 30.260 to 30.300.
In order to accomplish the purposes of ORS 453.374 to 453.390, the State Fire Marshal may lend equipment and personnel and make grants for the purchase of equipment and for personnel costs, as funds are available, to any local government participating in the statewide hazardous material emergency response system. In allocating state equipment and personnel …
The State Fire Marshal and any local government may enter into contracts with each other concerning eligible equipment or personnel loans or equipment purchases. The contract may include any provisions agreed upon by the parties thereto, and for grants shall include the following provisions: An estimate of the reasonable personnel costs or cost of the eligi…
When requested in writing by the State Fire Marshal, the Oregon Department of Administrative Services shall draw a warrant on the State Fire Marshal Fund in favor of the State Fire Marshal for use as a revolving fund. The State Treasurer shall hold the revolving fund in a special account against which the State Fire Marshal may draw checks. The State Fire M…
As part of the plan for the effective implementation of a statewide hazardous material emergency response system established by rule under ORS 453.374, the State Fire Marshal shall adopt by rule a plan for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. The plan adopted under this subsection: Shall …
The Oil and Hazardous Material Transportation by Rail Action Fund is established in the State Treasury, separate and distinct from the General Fund. The Oil and Hazardous Material Transportation by Rail Action Fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or pri…
(Fee on Possession)
As used in ORS 453.396 to 453.414: “Department” means the Department of Revenue. “Facility” means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by or under common control with …
It is the intent of ORS 453.396 to 453.414 to impose a fee on the possession of hazardous substances at facilities in this state. These provisions are not intended to relieve any person from any other duty or responsibility imposed by law.
Beginning January 1, 1990, and annually thereafter, any person possessing a hazardous substance at a facility in this state in aggregate amounts at or above the threshold quantities designated by rule by the State Fire Marshal shall pay a fee for each facility in accordance with the fee schedules established under ORS 453.402. If any person fails to pay the…
The State Fire Marshal shall annually send a statement to each person subject to the fee imposed under ORS 453.400, indicating the amount of the fee due. The amount of the fee shall be in accordance with the fee schedules established under subsection (2) of this section. By rule and after hearing, the State Fire Marshal shall establish three schedules of fe…
The State Fire Marshal for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 453.396 to 453.414. The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period for which the extension may be granted. If the time for payment is extended at the req…
Every person who possesses a hazardous substance shall keep at its registered place of business complete and accurate records for each facility of any hazardous substance purchased by, or brought in or caused to be brought in to the facility, or stored, used or manufactured at the facility. The State Fire Marshal or an authorized representative of the State…
The Department of Revenue, in consultation with the State Fire Marshal, is authorized to establish those rules and procedures for the implementation and enforcement of ORS 453.396 to 453.414 that are consistent with its provisions and are considered necessary and appropriate. The State Fire Marshal by rule may add persons or substances to or exempt persons …
The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and…
All moneys received by the Department of Revenue under ORS 453.396 to 453.414 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of ORS 453.396 to 453.414 and of refunds or credits arising from erroneous overpaymen…
Nothing in ORS 453.396 to 453.412 shall require units of local government to pay a fee imposed under the schedules established under ORS 453.402 (2)(a) and (b) because of the use of material which would otherwise be subject to a fee under ORS 453.396 to 453.414, if the use of such material by the unit of local government is specifically required by a state o…
(State Emergency Response Commission)
The Governor shall designate the Department of the State Fire Marshal as the state emergency response commission as required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.). The department shall: Provide, in a timely manner, advice to a state agency that is required to consult with the department about programs t…
RADIATION SOURCES (Generally)
As used in ORS 453.605 to 453.800, unless the context requires otherwise: “By-product material” means radioactive material, other than special nuclear material, that is yielded or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. “Electronic product” means any manufactured product or d…
It is the policy of the State of Oregon in furtherance of its responsibility to protect the public health and safety: To institute and maintain a regulatory program for radiation sources so as to provide for: Compatibility with the standards and regulatory programs of the federal government; An integrated effective system of regulation within the state; a…
It is the purpose of ORS 453.605 to 453.800 to effectuate the policies set forth in ORS 453.615 by providing for: A program of effective regulation of radiation sources for the protection of the occupational and public health and safety; A program to promote an orderly regulatory pattern within the state, among the states and between the federal government…
The Oregon Health Authority is the State Radiation Control Agency, but ORS 453.605 to 453.800 do not apply to a radiation source while it is being transported on a railroad car or in a motor vehicle subject to and in conformity with rules adopted by the Department of Transportation nor do they apply to any matter other than transportation of radiation source…
The Director of the Oregon Health Authority shall appoint a Radiation Advisory Committee to advise the Oregon Health Authority on matters relating to radiological health and radiation protection. The committee shall consist of eight persons who because of their training and experience are qualified to advise the authority on such matters and they shall serve…
When under ORS 453.605 to 453.800 a license or registration or both, as the case may be, is required for that purpose, no person shall receive, acquire, own, possess, use, manufacture, produce or transfer any radiation source without the license or registration or both, as the case may be.
Subject to subsection (2) of this section, the Oregon Health Authority shall provide for the issuance, allowance, modification, amendment, revision, suspension and revocation of general and specific licenses that relate to by-product materials, source materials or special nuclear materials and to devices or equipment that utilize any of those materials. The …
Each person shall obtain a vendor license from the Oregon Health Authority before engaging in the business of: Selling, leasing, transferring, lending, installing, marketing, servicing, inspecting, repairing or calibrating a radiation device or equipment, including an X-ray machine and tanning device; or Providing consulting services to an owner or operato…
When in the opinion of the Governor, such agreements will promote public health and safety and assist in the peaceful uses of radiation sources, the Governor on behalf of this state shall enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to radiation sources and…
The Director of the Oregon Health Authority may enter at any reasonable time upon any private or public property, with the permission of the owner or custodian, to determine whether there is compliance with ORS 453.605 to 453.800 and rules lawfully issued pursuant thereto. When such permission is not obtained or given, if the director has grounds to believe …
When the Oregon Health Authority by regulation so requires, any person who possesses or uses a radiation source shall cause to be made, in the manner prescribed by the authority, records relating to the receipt, storage, transfer and disposition of the source and to such other matters as the authority prescribes. Any person who possesses or uses a radiation…
When a radiation source is in the possession, custody or control of any person who is not equipped to observe or who fails to observe any applicable provision of or regulation pursuant to ORS 453.605 to 453.800, upon the issuance of an emergency order under ORS 453.807 the Oregon Health Authority or its authorized representative may cause that source to be i…
When the Oregon Health Authority in writing notifies the Attorney General that, in the judgment of the authority, a person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of or regulation pursuant to ORS 453.605 to 453.800, if the authority so requests, the Attorney General shall apply…
(Tanning Facilities)
As used in ORS 453.726 to 453.734, unless the context requires otherwise: “Phototherapy device” means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease or illness. “Tanning device” means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used …
It is the purpose of ORS 453.726 to 453.734 to regulate tanning facilities to minimize the risks associated with suntanning with artificial ultraviolet light. These risks include, but may not be limited to: Sunburn; Premature aging of the skin; Skin cancer; Retinal damage; Formation of cataracts; Suppression of the immune system; and Damage to the vas…
Any tanning device used by a tanning facility shall comply with all applicable federal laws and regulations. ORS 453.726 to 453.734 do not apply to a phototherapy device used by or under the direct supervision of a physician licensed under ORS chapter 677.
The Oregon Health Authority shall adopt by rule standards and a system of registration for tanning devices. Any entity doing business in this state as a tanning facility must register with the authority, in a manner prescribed by the authority by rule, each tanning device at the tanning facility that is accessible by an individual who is afforded the use of …
A tanning facility shall give each customer a written statement warning that: Not wearing the protective eye wear provided to each customer by the tanning facility may cause damage to the eyes. Overexposure to the tanning process causes burns. Repeated exposure to the tanning process may cause skin cancer or premature aging of the skin, or both. Abnormal…
The Oregon Health Authority may impose a civil penalty in an amount not to exceed $500 for a violation of ORS 453.726 to 453.734 or rules of the authority adopted pursuant to ORS 453.726 to 453.734. Civil penalties under this section shall be imposed in the manner provided by ORS 183.745.
Except as otherwise provided by law, all fees and other moneys received by the Oregon Health Authority pursuant to ORS 453.726 to 453.734 shall be paid into the State Treasury and placed to the credit of the Public Health Account and are continuously appropriated to the authority for the purposes of carrying out the provisions of ORS 453.726 to 453.734. If m…
Except as provided in paragraph (b) of this subsection, an entity doing business in this state as a tanning facility may not allow a person who is under 18 years of age to use a tanning device that is owned or operated by the entity. An entity may allow a person who is under 18 years of age to use a tanning device that is owned or operated by the entity if:…
Each provision of ORS 453.605 to 453.800 or rules pursuant thereto supersedes any inconsistent provision of any ordinance, resolution, regulation, rule or order of any county, city, other political subdivision or public corporation of this state.
Subject to the approval of the Governor, to protect the public health and safety and to assist in the peaceful uses of radiation sources the Oregon Health Authority may cooperate with the federal government, other states or interstate agencies to perform functions, including inspection, that relate to control of radiation sources. The authority may institut…
(X-ray Machines)
An X-ray machine may not be operated unless the X-ray machine has a valid X-ray machine registration. Prior to issuance of an X-ray machine registration to a hospital, the X-ray machine shall be approved by an X-ray machine inspector employed by the Oregon Health Authority or inspected by an accredited radiology inspector. The inspector shall also review pr…
Each application for an X-ray machine registration shall be in writing and shall state such information as the Oregon Health Authority by regulation determines to be necessary. The application shall be accompanied by the registration fee due under ORS 453.757. Not less than 90 nor more than 120 days prior to the expiration of an X-ray machine registration, …
The Oregon Health Authority shall impose the following biennial registration fees for a registration issued under ORS 453.752: For a dental, academic or veterinary X-ray tube, $210. For an industrial or podiatry X-ray tube, $285. For a hospital, radiological, chiropractic, osteopathic or medical X-ray tube, $427. For a computed tomography X-ray tube, $60…
An X-ray machine registration for a hospital radiological provider shall be valid for two years, expiring in the second year on the last day of the month of issuance. An X-ray machine registration for a chiropractic, osteopathic or medical doctor office or clinic shall be valid for two years, expiring in the second year on the last day of the month of issua…
A person shall not knowingly: Misrepresent a device evidencing X-ray machine registration as evidencing the registration of a different X-ray machine. Alter, obscure, deface or remove a device evidencing registration of an X-ray machine registration. Operate an X-ray machine not having a valid X-ray machine registration.
Upon a complaint by any person, the Oregon Health Authority may investigate any alleged act prohibited by ORS 453.766. If, after investigation by an authority-employed X-ray machine inspector, the authority has reason to believe a prohibited act has been committed, the authority may impose a civil penalty. Any person subject to a civil penalty under this sec…
The Oregon Health Authority shall: Develop programs to evaluate hazards associated with the use of X-ray machines. Promulgate standards and make reasonable regulations relating to the registration of X-ray machines, X-ray machine operation, physical surroundings and equipment related to the operation of X-ray machines, operator training and approved X-ray …
All applicants for accreditation as radiology inspectors shall possess at a minimum one of the following combinations of education and experience: One year of experience and one of the following: Certification by the American Board of Radiology or the American Board of Health Physics; A doctoral degree in a physical or biological science; or A Doctor of …
Accreditation as a radiology inspector shall be valid for two years and shall expire in the second year on the last day of the month of issuance unless renewed. Accreditation may be renewed if the radiology inspector has complied with the continuing education requirements adopted by rule of the Oregon Health Authority and has paid the renewal fee.
The Oregon Health Authority may condition, suspend, revoke or refuse to renew accreditation of a radiology inspector for the following reasons: Knowingly falsifying information included on the inspection report form supplied by the authority. Substantially failing to comply with authority procedures. Failing to meet authority accuracy requirements. Such …
The Oregon Health Authority shall: Develop testing, training and continuing education standards for accredited radiology inspectors. Adopt rules for the proper inspection of X-ray machines for registration purposes and for regulating the professional activities of accredited radiology inspectors. Develop and implement audit programs using authority-employ…
There is created in the General Fund of the State Treasury an X-ray Machine Inspection Account. Moneys credited to the account are continuously appropriated to the Oregon Health Authority for the carrying out of ORS 453.752 to 453.795. All registration fees paid pursuant to ORS 453.757 (1) by owners of X-ray machines, all application or renewal fees paid by…
Whenever it appears to the Director of the Oregon Health Authority that a radiation source is presenting an imminent and substantial endangerment to the health or safety of persons, the director may, without the necessity of prior administrative procedures or hearing, enter an order requiring the person or persons responsible for the radiation source to imme…
Where the Oregon Health Authority proposes to refuse to issue or renew a license, to modify, amend, revise, revoke or suspend a license or to determine compliance with or grant exemption from a regulation of the authority, opportunity for hearing shall be accorded as provided in ORS chapter 183. Promulgation of rules, conduct of hearings, issuance of orders…
TRANSPORTATION OF HAZARDOUS SUBSTANCES AND RADIOACTIVE MATERIALS
The Department of Transportation shall coordinate development of a single plan and procedure for the regulation of the transportation of hazardous material and waste and radioactive material and waste in Oregon. In developing the plan under subsection (1) of this section, the Department of Transportation shall cooperate with the Department of the State Fire…
The Department of Transportation shall submit regular reports on progress made toward completion of the plans to a committee designated by the Speaker of the House and the President of the Senate. If no such committee is designated, the reports shall be submitted to the Emergency Board.
CLEANUP OF TOXIC CONTAMINATION FROM ILLEGAL DRUG MANUFACTURING
It is the purpose of ORS 105.555, 431.175 and 453.855 to 453.912 to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by law, whereby property which endangers the life, safety or welfare of the general public or occupants of property because of toxic chemical contamination that may result fro…
As used in ORS 453.855 to 453.912: “Illegal drug manufacturing site” means any property on which there is a reasonably clear possibility of contamination with chemicals associated with the manufacturing of controlled substances and: Where activity involving the unauthorized manufacture of a controlled substance listed on Schedules I and II or any precursor…
The provisions of ORS 105.555, 431.175 and 453.855 to 453.912 apply to any property that is known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe that the property has been used as an illegal drug manufacturing site. Nothing in ORS 105.555, 431.175 and 453.855 to 453.912 applies to property to the …
The Director of the Oregon Health Authority shall adopt rules to carry out ORS 105.555, 431.175 and 453.855 to 453.912. The rules shall be developed in consultation with: The State Fire Marshal or designee; The director of the Poison Control and Drug Information Program of the Oregon Health and Science University, or a designee thereof; The Director of th…
Unless determined fit for use, pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and rules of the Oregon Health Authority, or as authorized by ORS 453.870, no person shall transfer, sell, use or rent any property knowing or having reasonable grounds to believe it was used as an illegal drug manufacturing site. All contracts, oral or written, for the t…
Any property that is not fit for use as determined under ORS 453.876 may be transferred or sold if full, written disclosure, as required by rules of the Oregon Health Authority, is made to the prospective purchaser, attached to the earnest money receipt, if any, and shall accompany but not be a part of the sale document nor be recorded. However, such propert…
For the purposes of enforcement of ORS 105.555, 431.175 and 453.855 to 453.912, the Director of the Oregon Health Authority or a designee thereof or the State Fire Marshal or a designee thereof, upon presenting appropriate credentials and a warrant, if necessary, issued under ORS 431.175 to the owner or agent of the owner, may: Enter, at reasonable times, a…
The Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or any law enforcement agency may determine that property is not fit for use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and applicable rules adopted by the Oregon Health Authority and may make that determination on site. The determinat…
When the Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or designee thereof or any law enforcement agency makes a determination that property subject to ORS 105.555, 431.175 and 453.855 to 453.912 is not fit for use, the Director of the Oregon Health Authority or designee thereof shall notify the Director of the Departm…
The owner of property shall be considered to be maintaining a public nuisance subject to being enjoined or abated under ORS 105.550 to 105.600 if the property has been determined to be not fit for use under ORS 453.876 and the owner: Allows the property to be used as if it were fit for use; or Fails to have the property decontaminated and certified as fit …
The owner of property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912 who desires to have the property certified as fit for use may use the services of a contractor licensed by the Oregon Health Authority to decontaminate the property or, upon approval by the authority, the owner, or an agent of the owner, may perform the d…
Before incurring costs to decontaminate a property that is a nuisance described in ORS 105.555 (1)(c) or to have the property certified as fit for use under ORS 453.885, a county or other local government shall give notice to each owner of record for the property and to each person that has a mortgage, trust deed or other lien on the property recorded in the…
The Oregon Health Authority by rule shall establish performance standards for contractors under ORS 105.555, 431.175 and 453.855 to 453.912. The authority shall train and test, or may approve courses to train and test, contractors’ personnel on the essential elements in assessing premises used as an illegal drug manufacturing site to determine hazard reduct…
Between the dates of scheduled training for contractors under ORS 453.888, the Oregon Health Authority shall be available to consult with licensed contractors, as well as those planning to become licensed, on information pertinent to illegal drug manufacturing sites, including but not limited to chemicals found at such sites and their toxicity, new or revise…
The Oregon Health Authority shall establish by rule a schedule of fees for at least the following: Initial licenses and renewal under ORS 105.555, 431.175 and 453.855 to 453.912. Training courses and examinations conducted by or on behalf of the authority. Reexaminations for failing the initial examinations. Review of work plans. The fees established un…
The Oregon Health Authority shall provide lists of the names of contractors licensed under ORS 105.555, 431.175 and 453.855 to 453.912 to the Director of the Department of Consumer and Business Services who shall distribute the lists to local building code enforcement agencies. The local agencies shall make the list available on request and shall supply a co…
The Oregon Health Authority may contract with state or local agencies or private persons to perform any inspection or to obtain any samples relative to determining the adequacy of decontamination work.
The Oregon Health Authority shall evaluate annually a number of the property decontamination projects performed by licensed contractors to determine the adequacy of the decontamination work, using the services of an independent environmental contractor or state or local agency. If a project fails the evaluation and inspection, the contractor is subject to a …
The Director of the Department of Consumer and Business Services shall adopt rules fixing uniform standards whereby local building code enforcement agencies may require that property determined under ORS 105.555, 431.175 and 453.855 to 453.912 to be not fit for use may be subject to action to condemn or demolish the property or to require the property be vac…
Counties and cities by ordinance may prohibit use or occupancy of or provide for regulation of any property so long as such prohibition or regulation is consistent with ORS 105.555, 431.175 and 453.855 to 453.912 and rules of the Oregon Health Authority.
The state and any local government, their officers, agents and employees shall not be liable for loss or injury resulting from the presence of any chemical or controlled substance at a site used to manufacture illegal drugs or from actions taken to carry out the provisions of ORS 105.555, 431.175 and 453.855 to 453.912 except for liability for damages result…
Any violation of ORS 453.175 or 453.185 or any rules of the State Board of Pharmacy thereunder is a Class C misdemeanor. Violation of any of the provisions of ORS 453.005 to 453.135 is a Class B misdemeanor. A second and subsequent violation of any of the provisions of ORS 453.005 to 453.135 is a Class A misdemeanor. Violation of any provision of ORS 453.6…
In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose a civil penalty on a person for violation of: ORS 453.885; or ORS 453.005 to 453.135 or rules adopted under ORS 453.005 to 453.135 by the authority. A civil penalty imposed under this section may not exceed $2,000. ORS 183.745 applies to civil penalties …