Oregon Administrative Code

837-120-0001 Purpose and Scope (1) These rules establish criteria and provisions for the implementation of a statewide hazardous materials emergency response system. (2) These rules shall be used to assist and provide direction for the petrochemical transport industry, owners of …

837-120-0010 Definitions For the purposes of these rules the following definitions apply: (1) “Clean-up” means the measures taken after emergency response to permanently remove the hazard from the incident site. (2) “Contract” shall mean the entire written intergovernmental agree…

837-120-0020 Hazardous Materials Response System and Response Team Contracts (1) The State Fire Marshal shall develop and implement a statewide hazardous materials emergency response system. (2) The statewide hazardous materials emergency response system shall focus on response a…

837-120-0030 Emergency Response Criteria (1) Responses of regional and limited hazardous materials emergency response teams shall be controlled due to limited discretionary (State Spill Response Revolving Fund) operating monies. (2) Regional and limited response teams will only b…

837-120-0040 Dispatch Process (1) Before a regional or limited response team may respond to an incident, an initial assessment or size-up of the emergency shall be made. (2) The initial assessment or size-up will usually be made by the agency having jurisdiction, either emergency…

837-120-0050 Regional and Limited Response Team Services (1) Regional and limited hazardous materials emergency response team activities shall be limited to emergency responses and the evaluation and documentation functions arising from hazardous materials emergency incidents whi…

837-120-0060 Regional and Limited Response Team Performance Conditions (1) Approved regional and limited hazardous materials emergency response team activities shall be limited to those which can be safely done to stabilize a hazardous materials emergency and, except as may be in…

837-120-0070 Emergency Preplanning (1) Government entities who request assistance from a regional or limited response team should plan to provide the regional or limited response team with the following information upon its arrival: (a) Sufficient site-specific information, such …

837-120-0080 Response Fee Schedules (1) The fee schedules agreed to by the state and contractors as part of the regional and limited hazardous materials emergency response team agreements and contracts, shall serve as the basis for assessment of response costs. (2) The State Fire…

837-120-0090 Response Costs and Financial Liability (1) Notwithstanding any other provision of rule or law, whenever the State Fire Marshal dispatches a regional or limited hazardous materials emergency response team to an emergency involving hazardous materials, the State Fire M…

837-120-0100 Defenses Against Liability Except for transporters of radioactive materials, there shall be no liability under OAR 837-120-0090 if the responsible person(s) can establish by a preponderance of the evidence that the release, or threat of release, of hazardous material…

837-120-0110 Disputed Emergency Response Billings (1) If the responsible party(ies) billed under OAR 837-120-0090 either fails to pay the costs set forth in the State Fire Marshal billing within 30 days or fails to submit a written dispute of charges, a second billing shall be se…

837-120-0120 Government Liability for Emergency Responses (1) Under the provisions of 42 U.S.C. § 9607(d)(2), no state or local government shall be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 107 for costs or damages as a resu…

837-120-0140 Notification and Reporting Notification of hazardous materials incidents is mandatory under several state and federal statutes, not all of which are consistent as to their definitions of reportable materials: (1) To ensure timely responses and recovery of costs, and …

837-120-0301 Purpose— Regional Hazardous Materials Emergency Response Team Training Programs The purpose of OAR 837-120-0301 through 837-120-0400 is to outline the requirements for approval of programs that provide training for Oregon’s regional hazardous materials emergency resp…

837-120-0310 Definitions (1) “Applicant” means any individual or organization considering itself capable of developing training programs as required in OAR 437-002-0100, 29 CFR 1910.120(q)(6)(iii) and (iv) that wishes to apply for State Fire Marshal approval of its program(s) und…

837-120-0320 Requests for Training Program Approval Eligibility: (1) The applicant shall provide, as a minimum, the following information: (a) The applicant’s name, address and telephone number; (b) The name, title, address and telephone number of person who will act as liaison w…

837-120-0330 Review Process The State Fire Marshal shall acknowledge in writing the receipt of all applications it receives. The State Fire Marshal may request additional information if the State Fire Marshal believes information relevant to the requirements for approval has been…

837-120-0340 Decision Process The requirements for approval are: (1) That the applicant must demonstrate that it has a written training program that meets the applicable paragraphs of this section and its program will train students in topics required in the following: OAR 437-00…

837-120-0350 Terms and Conditions of Approval (1) If the State Fire Marshal finds that a training program, course or instruction thereof satisfies the minimum requirements established therefor pursuant to OAR 837-120-0340, the State Fire Marshal shall issue approval to the applic…

837-120-0360 Grounds for Revocation of Approval The State Fire Marshal may revoke the approval of a training program after written notice and hearing if the State Fire Marshal finds that the applicant of the approved program has failed to continue to satisfy the requirements of O…

837-120-0370 Procedure for Revocation of Approval (1) If the State Fire Marshal believes that grounds exist under OAR 837-120-0360 for the revocation of approval of a training program approved under 837-120-0350(1) and (2), the State Fire Marshal shall give notification to the ap…

837-120-0390 Requirements of an Applicant Following Program Approval Each applicant whose program has been approved shall: (1) Allow the State Fire Marshal or his/her authorized representative(s) to attend, evaluate, and monitor any part of the approved training program without c…

837-120-0400 Examinations Examinations shall cover the necessary skills and knowledge. Each examination shall adequately cover the important topics included in the training program and shall be based on the student performance objectives for that program as identified in OAR 837-…

837-120-0501 Purpose and Scope (1) These rules are promulgated under the Department of the State Fire Marshal's authority contained in ORS 453.392. (2) The provisions of this rule shall apply to the statewide hazardous material emergency response system established under ORS 453.…

837-120-0510 Definitions For the purposes of these rules the following definitions apply: (1) “Coordinated response” means the integration of federal, state, local, and railroad emergency response resources operating under the National Incident Management System, in conjunction w…

837-120-0520 Planning and Coordinated Response The Department of the State Fire Marshal (OSFM) shall: (1) Develop and annually review a Hazardous Materials Transportation by Rail state agency coordination plan in collaboration with Department of Environmental Quality, Oregon Depa…

837-120-0530 Hazardous Materials Response Resource Management The Department of the State Fire Marshal (OSFM) shall: (1) Inventory oil and hazardous materials emergency response resources available in Oregon by identifying their locations, means to access them, whether they are p…

837-120-0540 Training and Exercise Programs The Department of the State Fire Marshal (OSFM) shall: (1) Provide support to local responders to attend regional or fixed training within the state for response to crude oil and hazardous materials transportation by rail incidents with…

837-130-0000 Purpose and Scope (1) The purpose of these rules is to adopt by reference standardized-costs schedules for fire protection agency response to emergency incidents in unprotected areas and on transportation routes. (2) These rules are to assist fire protection agencies…

837-130-0010 Definitions (1) “Unprotected Area” shall mean an area outside the boundaries of recognized public or private fire protection. (2) “Transportation Route” shall mean a roadway, waterway, railroad right-of-way or airplane route against which no taxes or assessments for …

837-130-0020 Schedules (1) The State Fire Marshal adopts the standardized-costs schedules for transportation route response, unprotected area response, and apparatus cost that are contained in the State Fire Marshal’s Oregon Fire Service Mobilization Plan. (2) The State Fire Mars…

837-140-0001 Safety Assessment Program — Purpose and Scope These rules establish and maintain a registry of qualified and credentialed post-disaster safety evaluators per ORS 401.256. The Department of State Fire Marshal shall coordinate and oversee the implementation of the Oreg…

837-140-0010 Definitions (1) “Building” means any structure utilized or intended for supporting or sheltering any use or occupancy. (2) “Building Safety Evaluator Type 3” means a person registered to assist other types in post-disaster structural safety and habitability evaluatio…

837-140-0020 Local Program Coordinator (1) The Department of the State Fire Marshal will provide the Local Program Coordinator (LPC) with a list of qualified volunteers upon request. (2) The LPC will assess the extent and severity of the damage and determine the need for qualifie…

837-140-0030 Post-Disaster Building Safety Evaluator Registration Requirements (1) All persons seeking registration as a post-disaster building safety evaluator must: (a) Complete an OSFM application form; and (b) Complete one of the following training courses to be fully certifi…

837-140-0040 Post-Earthquake Building Safety Evaluator Continuing Education Requirements Post-disaster building safety evaluators must complete an approved OrSAP refresher training every five years. Statutory/Other Authority: ORS 401.358 & ORS 401.256 Statutes/Other Implemented: …

839-001-0000 Notice of Proposed Rule Prior to the permanent adoption, amendment, or repeal of any rule relating to wage claims enforcement matters, any rule relating to interpretive rules regarding maximum hours of work, and any rules pertaining to money collected from employees …

839-001-0100 Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments As used in ORS 652.010 to 652.030 and in OAR 839-001-0100 to 839-001-0200, unless the context requires otherwise: (1) “Administrative duties” means offic…

839-001-0125 Individual Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments (1) The following employees are exempt from the provisions of ORS 652.020: (a) Any employee whose primary duty is that of a member of a loggin…

839-001-0127 Establishment Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments Until the states of Washington, Idaho, and California enact legislation similar to ORS 652.020, the provisions of that statute do not apply…

839-001-0130 Exempt and Non-exempt Work for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments (1) The exempt status of an employee is determined by the type of work the individual performs and the location of the work performed in a…

839-001-0140 Determination of the Day; Failure to Make Determination for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments (1) The employer shall establish the beginning time and the ending time of the day to be used by the employer…

839-001-0143 Failure to Establish a Workweek If an employer fails to establish the beginning day of the workweek as provided for in ORS 652.020(1)(b) and OAR 839-001-0100(19), the Bureau shall consider the workweek to begin on the day the individual commences work and to end seve…

839-001-0145 Determination of Employees "Employed in" a Named Establishment for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments As used in ORS 652.020, the term “employed in” refers to employees who are actually employed in the mi…

839-001-0147 Employee's Written Consent to Work up to 60 Hours in a Workweek (1) Pursuant to ORS 652.020(2), an employer is prohibited from requiring or permitting an employee to work over 55 hours in one workweek except that the employer may permit an employee to work up to 60 h…

839-001-0148 Undue Hardship Notices and Employee's Written Consent (1) Pursuant to the provisions of ORS 652.020, an employer that processes perishable products may be exempt from the restrictions on maximum workweek hours if an undue hardship exists. To claim such an exemption, …

839-001-0150 Civil Penalties for Violation of ORS 652.020, Maximum Working Hours in Mills, Factories and Manufacturing Establishments: Overtime Hours and Pay As used in ORS 652.020, 652.900 and OAR 839-001-0150 to 839-001-0160: (1) "Violation" means a transgression of any statute…

839-001-0153 Violations Separate and Distinct Each violation of ORS 652.020 or any rule adopted pursuant thereto is a separate and distinct offense. In the case of continuing violations, each day's continuance is a separate and distinct violation. Statutory/Other Authority: ORS 6…

839-001-0155 Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed (1) Pursuant to ORS 652.900, the commissioner may assess a civil penalty for violations of ORS 652.020 or of these rules as follows: (a) Failure to pay employees subject to ORS 652.020 time and one-ha…