Oregon Administrative Code

741-325-0010 Return of Inspection Forms Required Each railroad, industry or person subject to OAR 741-300-0010, 741-320-0010 and 741-335-0010 shall return inspection report forms following each inspection by Department’s staff within 10 days following the requested compliance dat…

741-330-0010 Impairment/Restriction/Stop Signs (1) Signs to warn railroad employees of clearance less than those prescribed in these rules shall be at least 16 inches vertically by 20 inches horizontally and located on the same side of the track as the impairment for each directi…

741-330-0020 Impaired Walkway/Nonstandard Walkway Warning Signs (1) Signs to warn railroad employees of walkways different than those prescribed in these rules shall be at least 16 inches vertically by 20 inches horizontally and located on the same side of the track as the impair…

741-330-0030 Location of Signs (1) The bottom of a sign mounted on an existing structure, other than a sign post, shall be no less than 4 feet 6 inches, and no more than 8 feet above top of rail to which the sign applies. The bottom of a free standing sign, installed after (date …

741-330-0040 Size and Design of Signs Signs which are not in compliance with OAR 741-330-0010 and 741-330-0020, shall be replaced with signs of the required size and design. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 824.050 & 824.05…

741-335-0010 Applicability of Rules OAR 741-335-0020 through 741-335-0200 apply to each railroad operating locomotives and/or cabooses in this state. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068 Statutes/Other Implemented: ORS 824.068 History: RD 1-2006, f. …

741-335-0020 Definitions As used in OAR 741-335-0010 through 741-335-0200, unless the context requires otherwise: (1) “Caboose” is any car or coach used on a railroad train to carry a train crew. (2) “Locomotive” is any railroad vehicle used to propel a railroad train. (3) “Safe …

741-335-0030 Application for Variances Applications for variances from OAR 741-335-0010 through 741-335-0180 shall contain a photo and/or drawing of the facility for which the variance is requested and shall describe the measures to be followed in lieu of the applicable rule. Eac…

741-335-0040 Exempt Equipment Toilets are not required on cabooses used exclusively in yards or in transfer service where railroad provided and maintained stationary toilet facilities are available to railroad employees and notice of such facilities is provided to employees. Stat…

741-335-0050 Caboose Sanitation Facilities Each caboose which employees are required to occupy shall have a toilet in a toilet room. The enclosure of every toilet room shall be of solid construction from floor to ceiling with interior illumination, and have a solid door or a door…

741-335-0070 Toilet Construction All toilets on cabooses shall be constructed with a flush bowl so as to be easily cleaned and maintained in a sanitary condition, and shall be manufactured of a smooth finished material, impervious to moisture, with a hinged toilet seat and lid wi…

741-335-0080 Toilet Room Ventilation Toilet rooms on cabooses shall be ventilated. If not practical to ventilate by windows, ventilation shall be provided by some other means. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068 Statutes/Other Implemented: ORS 824.0…

741-335-0090 Chemical Container Construction No chemical container shall be installed in a toilet on cabooses unless it will prevent the waste treatment solution therein from splashing upon any portion of the body of the person using the facility during any movement likely to occ…

741-335-0100 Incinerator Toilets (1) Toilets that function by intense heat shall be installed and maintained to consume waste with the least amount of odor possible. (2) Incinerator toilets shall be vented to the outside in such a manner that the crew working area is free of obje…

741-335-0110 General Sanitary Maintenance of Toilets and Toilet Rooms (1) Toilets and toilet rooms in all cabooses shall be maintained in a sanitary condition. (2) The containers of chemical-type toilets shall be charged with sufficient treatment solution of adequate strength to …

741-335-0120 Toilet Room Supplies An adequate supply of toilet paper with a convenient holder shall be supplied for each toilet. Crew packs adequately supplied with toilet paper are acceptable. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068 Statutes/Other Impl…

741-335-0130 Drinking Water (1) Sanitary drinking water facilities shall be provided and maintained on locomotives and cabooses in service so as to provide an adequate supply of safe drinking water. (2) When ice is used for water cooling purposes, the containers shall be so arran…

741-335-0140 Drinking Water Containers (1) Drinking water shall be supplied in suitable sanitary containers conveniently located for the use of the employees, but shall not be located in separately enclosed toilet rooms. (2) Each reusable drinking water container shall be constru…

741-335-0160 Hand Cleaning Facilities Facilities for cleaning of hands shall be provided on cabooses and locomotives in service at a location where the use thereof will not result in the contamination of the drinking water dispensing system. An adequate supply of hand soap or oth…

741-335-0170 Placing Cabooses and Locomotives in Service Locomotives and cabooses shall not be placed in service until all sanitation, water and hand cleaning standards have been met. A locomotive or caboose shall be considered in service once it is removed from the service track…

741-335-0180 Caboose Defect and Repair Register (1) An equipment defect and repair register shall be furnished and maintained on each caboose. The register shall consist of a card, paper or book with spaces to record the date and train upon which a defect occurs, the defect and t…

741-335-0200 First Aid Kits (1) Each locomotive and caboose shall carry a first aid kit as required under ORS 824.060 containing the following minimum first aid supplies: (a) Gauze pads (small); (b) Gauze pads (large); (c) Adhesive bandages; (d) Gauze bandage; (e) Triangle bandag…

741-400-0010 Standards for Cabooseless Train Operations The Public Utility Commission adopts the following orders as standards for the operation by Class I railroads of freight trains without an occupied caboose as the rear cars: Case Order Railroad Number Number Southern Pacific…

741-510-0010 General Provisions and Definitions (1) OAR 741-510-0010 through 741-510-0050 and 741-520-0010 through 741-520-0020, which shall be known as the Oregon Railroad Hazardous Materials Transportation Rules, are adopted under authority of ORS 824.080 through 824.092. (2) “…

741-510-0015 Adoption of Federal Regulations The Department of Transportation adopts the rules of the United States Department of Transportation in effect on the date this rule is filed with the Secretary of State (anticipated June 18, 2015) in Title 49, Code of Federal Regulatio…

741-510-0020 Railroad Reporting Information There are different entities involved in the transportation of Hazardous Materials by rail and response to any associated Incidents. Information sharing ensures emergency responders have information to guide preparedness efforts and eff…

741-510-0025 Quarterly Reporting of Hazardous Material Transportation (1) Each railroad transporting Hazardous Materials, if any part of such transportation takes place within this state, shall provide a report via electronic mail to the Rail Division, for each quarter in which H…

741-510-0027 Public Disclosure of Reporting Hazardous Material Transportation (1) Pursuant to ORS 824.082 and 824.086, the Rail Division shall make accessible to the general public, information reported quarterly, required by section (1) through (4) of OAR 741-510-0025. Disclosur…

741-510-0035 Immediate Access to Train Information for Emergency Response Agencies Each railroad transporting Hazardous Materials, if any part of such transportation takes place within this state, shall ensure that Emergency Response Agencies responding to an Incident on the tran…

741-510-0045 Notice of Incidents Emergency Response Agencies require immediate notification of Incidents to mobilize responders and equipment and initiate alerts to the impacted public to protect lives, property and the environment, and ensure timely and effective response. (1) I…

741-510-0050 Civil Penalties (1) Pursuant to ORS 824.990(1) and (2), (a) Any railroad that fails to submit the information required by OAR 741-510-0020 shall incur a civil penalty of $1000 for each day of non-compliance. (b) Any railroad that fails to make the quarterly notificat…

741-520-0020 Discharge Clean Up A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard t…

741-600-0010 Definitions As used in rules 741-600-0020 to 741-600-0040: (1) “Serious Injury to Persons” means: (a) Injury to a railroad employee sufficient to incapacitate him from performing all of the duties customarily included in the assignment of the employee at the time of …

741-600-0020 Accidents Requiring Notice and Report The notice required herein shall be given to the Department from the office of an official designated by the railroad. Each railroad shall inform the Department in writing of the name, address and telephone number of the official…

741-600-0030 Additional Reports (1) All police agencies investigating an incident involving railroad equipment and a person or motor vehicle at a public grade crossing shall submit a copy of State of Oregon Vehicle Accident Report-Police (Form 46) to the Department of Transportat…

741-600-0040 Joint Operations (1) for the purpose of accident classification, the term “joint operations” is intended to cover operations on terminal or other tracks used jointly or in common by two or more reporting carriers, or where the equipment of one carrier moves as its ow…

741-600-0050 Overhead/Side Obstructions Railroads shall report in writing all accidents involving contact with overhead obstructions which are less than the minimum applicable standard or obstructions at side of track which are less than the minimum applicable standard. The writt…

741-700-0010 Uniform System of Accounts for Railroads (1) The Uniform System of Accounts for Railroads adopted by the Surface Transportation Board effective January 1, 1985, for Class I carriers and January 1, 1979, for all other carriers shall be utilized by all railroads except…

741-700-0020 Class I Railroads and Subsidiary Railroad(s) Operating in Oregon Annual reports will be submitted on the most current forms approved by the Department. Reports shall include: (1) The Surface Transportation Board prescribed wage statistics Forms A and B; (2) Freight C…

741-700-0030 Other Than Class I Railroads Annual reports will be submitted on the most current form approved by the Department. Reportings are to be minimal so as to create no undue burden on the railroads yet provide information necessary to carry out the duties of the Departmen…

741-710-0010 Definitions (1) “Gross Operating Revenues.” The definitions of “gross operating revenues” for the purpose of collecting the Railroad Regulatory Fee from all railroads are set forth below: (a) Freight Transportation. “Gross operating revenues” for transportation of fr…

741-710-0020 Determination of Fee Components Each component of the Railroad Regulatory Fee computation for Class I railroads, as set forth in ORS 824.010, shall be determined as follows: (1) Railroad-Highway Crossings: A railroad-highway crossing shall be assigned to the railroad…

741-710-0030 Responsibilities of Department On or before January 21 of each year, the Department of Transportation shall provide the following information to each Class I railroad: (1) Railroad-Highway Crossing Information. An itemized listing of each railroad’s crossings from th…

741-710-0040 Responsibilities of Class I Railroads (1) Reconciliation of Data Furnished by the Department. On or before February 15 of each year, each railroad shall provide a written submission to the Department reconciling any differences with the information provided by the De…

750-001-0001 Uniform and Model Rules of Procedure. The State Board of Towing adopts the Attorney General’s Uniform and Model Rules of Procedure under ORS 183.341 These rules will be controlling except as otherwise required by law or rule. Statutory/Other Authority: ORS 183.341 & …

750-001-0010 Notice of Proposed Rules. (1) Prior to the adoption, amendment, or repeal of an administrative rule under OAR Chapter 750, the State Board of Towing will give notice of its intended action: (a) By publishing in the Secretary of State's bulletin referred to in ORS 183…

750-001-0030 Contested Case Hearings. The State Board of Towing adopts the Attorney General’s Model Rules of Procedure for contested cases under ORS 183.413 through 183.502. These rules will be controlling except as otherwise required by law or rule. Statutory/Other Authority: OR…

750-001-0040 Authorization for Agency Representative. The State Board of Towing adopts the Attorney General's Model Rules of Procedure to authorize the appearance of Board's representative at contested hearings pursuant to ORS 183.452. Statutory/Other Authority: ORS 183.452 & ORS…

750-001-0050 Civil Penalty Procedures. The State Board of Towing adopts the Attorney General's Model Rules of Procedure for civil penalties and related procedures and processes under ORS 183.745. These rules will be controlling except as otherwise required by law or rule. Statuto…

750-010-0001 Definitions. As used in OAR Chapter 750 and in the implementation and administration of the laws assigned to the Board to administer: (1) "Administrator" means the Board Administrative Officer appointed under ORS 822.260. (2) "Agent" or "Owner's agent" means: (a) A p…