OREGON STATUTES : (3) OREGON REVISED STATUTES: CHAPTER 654: OCCUPATIONAL SAFETY AND HEALTH

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1 OREGON STATUTES : (3) OREGON REVISED STATUTES: CHAPTER 654: OCCUPATIONAL SAFETY AND HEALTH TITLE 36: PUBLIC HEALTH AND SAFETY CHAPTER 431: STATE AND LOCAL ADMINISTRATION AND ENFORCEMENT OF HEATLH LAWS TITLE 36: PUBLIC HEALTH AND SAFETY CHAPTER 453: HAZARDOUS SUBSTANCES; RADIATION SOURCES Terms References Industrial Hygiene 1 Industrial Hygienist 2 Certified Industrial Hygienist - CIH 3 Certified Associate Industrial Hygienist 0 Construction Health and Safety Technician CHST 4 Industrial Hygienist in Training - IHIT 3 AIHA Lab Accreditation Program 0 American Industrial Hygiene Association - AIHA 0 American Board of Industrial Hygiene - ABIH 5 American Conference of Governmental Industrial Hygienists ACGIH 1 Occupational Health and Safety Technologist OHST 4 Associate Safety Professional ASP 3 Certified Safety Professional CSP 3 Board of Certified Safety Professionals BCSP 5 1

2 OREGON RULES AND REGULATIONS: (8) OREGON ADMINISTRATIVE RULES: ORGEON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION DIVISION 68: ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEADBASED PAINT ACTIVITIES DIVISION 70: PRE-RENOVATION EDUCATIONA ND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION DIVISION 1: RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION DIVISION 40: DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES DEPARTMENT OF OREGON STATE POLICE, OFFICE OF FIRE MARSHAL DIVISION 85: COMMUNITY RIGHT TO KNOW SURVEY AND COMPLIANCE PROGRAMS DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, ORGEON OCCUPATIONAL SFAETY AND HEALTH DIVISION DIVISION 2: GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, ORGEON OCCUPATIONAL SFAETY AND HEALTH DIVISION DIVISION 3: CONSTRUCTION 2

3 DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, ORGEON OCCUPATIONAL SFAETY AND HEALTH DIVISION DIVISION 4: AGRICULTURE Terms References Industrial Hygiene 10 Industrial Hygienist 4 Certified Industrial Hygienist - CIH 2 Certified Associate Industrial Hygienist 0 Construction Health and Safety Technician CHST 0 Industrial Hygienist in Training - IHIT 0 AIHA Lab Accreditation Program and related 0 American Industrial Hygiene Association - AIHA 0 American Board of Industrial Hygiene - ABIH 0 American Conference of Governmental Industrial Hygienists ACGIH 1 Occupational Health and Safety Technologist OHST 0 Associate Safety Professional ASP 0 Certified Safety Professional CSP 1 Board of Certified Safety Professionals BCSP 0 3

4 OREGON STATUTES OREGON REVISED STATUTES CHAPTER 654: OCCUPATIONAL SAFETY AND HEALTH LABOR AND EMPLOYMENT SAFETY AND HEALTH CONDITIONS IN PLACES OF EMPLOYEMENT SAFETY AND HEALTH PROFESSIONALS Use of title of industrial hygienist, occupational health and safety technologist, construction health and safety technician or safety professional; cause of action. (1) No person may purport to be: (a) A certified industrial hygienist or use the initials CIH unless the person holds a current certification as an industrial hygienist from the American Board of Industrial Hygiene. (b) An industrial hygienist in training or use the initials IHIT unless the person holds a current designation as an industrial hygienist in training from the American Board of Industrial Hygiene. (c) A certified occupational health and safety technologist or use the initials OHST unless the person holds a current certification as an occupational health and safety technologist from the American Board of Industrial Hygiene or the Board of Certified Safety Professionals. (d) A certified construction health and safety technician or use the initials CHST unless the person holds a current certification as a construction health and safety technician from the American Board of Industrial Hygiene or the Board of Certified Safety Professionals. (e) A certified safety professional or use the initials CSP unless the person holds a current designation as a certified safety professional from the Board of Certified Safety Professionals. (f) An associate safety professional or use the initials ASP unless the person holds a current designation as an associate safety professional from the Board of Certified Safety Professionals. (2) The American Board of Industrial Hygiene, the Board of Certified Safety Professionals or a person lawfully practicing a profession listed in subsection (1) of this section may bring a private cause of action in the appropriate court to recover damages up to $1,000 against any person who violates subsection (1) of this section. The court may provide such equitable relief as it deems necessary or proper. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1999 c.478 1] 4

5 OREGON STATUTES OREGON REVISED STATUTES TITLE 36: PUBLIC HEALTH AND SAFETY CHAPTER 431: STATE AND LOCAL ADMINISTRATION AND ENFORCEMENT OF HEATLH LAWS Federal grants to be handled by Oregon Health Authority; disbursement; planning. (1) The Oregon Health Authority hereby is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting public health and the prevention of disease, including grants for cancer control and industrial hygiene programs, as may be available to this state or any of its political subdivisions or agencies. (2) For the purposes of subsection (1) of this section, the authority shall: (a) Disburse or supervise the disbursement of all funds made available at any time by the federal government or this state for those purposes. (b) Adopt, carry out and administer plans for those purposes. Plans so adopted shall be made statewide in application insofar as reasonably feasible, possible or permissible, and shall be so devised as to meet the approval of the federal government or any of its agencies, not inconsistent with the laws of the state. 5

6 OREGON STATUTES OREGON REVISED STATUTES TITLE 36: PUBLIC HEALTH AND SAFETY CHAPTER 453: HAZARDOUS SUBSTANCES; RADIATION SOURCES Definitions for ORS to As used in ORS to : (1) 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 substances and toxic substances if a primary intent of the law, rule, ordinance, regulation or charter amendment is the public distribution of the information. (2) Emergency service personnel includes those entities providing emergency services as defined in ORS (3) Employer means: (a) Any person operating a facility that is included in one or more of the 21 standard industrial classification categories in Appendix B of the Natural Resources Defense Council v. Train Consent Decree of June 8, 1976 (8 E.R.C. 2120); or (b) Any person operating a facility designated by the State Fire Marshal. (4) Fire district means any agency having responsibility for providing fire protection services. (5) Hazardous substance means: (a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal; (b) Any substance for which a material safety data sheet is required by the Director of the Department of Consumer and Business Services under ORS and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienists; or (c) Radioactive waste and material as defined in ORS and radioactive substance as defined in ORS (6) Health professional means a physician as defined in ORS , registered nurse, industrial hygienist, toxicologist, epidemiologist or emergency medical services provider. (7) Law enforcement agency has the meaning given that term in ORS (8) Local government means a city, town, county, regional authority or other political subdivision of this state. (9) Person includes individuals, corporations, associations, firms, partnerships, joint 6

7 stock companies, public and municipal corporations, political subdivisions, the state and any agency thereof, and the federal government and any agency thereof. 7

8 OREGON RULES/REGULATIONS OREGON ADMINISTRATIVE RULES ORGEON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION DIVISION 68: ACCREDITATION OF TRAINING PROGRAMS FOR PROFESSIONALS ENGAGED IN LEADBASED PAINT ACTIVITIES Minimum Personnel Requirements (1) The training program shall be administered by a training manager having the following minimum qualifications: (a) Two years of experience administering training programs or two years of experience teaching or training adults; (b) Successful completion of a course that provides instruction in the planning and teaching of an adult education course, or has obtained a bachelor's or graduate level degree in adult education from an accredited college or university; (c) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene; (d) Successful completion of at least 16 contact hours of lead-based paint training from any of the required topics listed in OAR (2) Each training program shall be taught by a principal instructor who shall be responsible for the organization of the course, teaching of all course material, may deliver course content and has the following minimum qualifications: (a) Has completed a course that provides instruction in the planning and teaching of any adult education course, or has obtained a degree in adult education from an accredited college or university, or has at least two years of classroom experience in teaching workers or adults; (b) Successful completion of at least 16 contact hours lead-based paint training from any of the required topics listed in OAR ; (c) Demonstrated one year of experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or 8

9 industrial hygiene. Except, that instructors of hands-on training must have two years of such experience; and Eligibility (1) Inspector. To qualify, an individual shall complete all elements on the application form and meet the following eligibility requirements: (a) Successfully complete and receive a course completion certificate from an Authority accredited training program as an inspector; (b) Pass the certification examination administered by the Authority for an inspector. (2) Risk assessor. To qualify, an individual shall complete all elements on the application form and meet the following minimum eligibility requirements: (a) Successfully complete and receive a course completion certificate from an Authority accredited training program as a risk assessor and inspector; (b) Pass the certification exam administered by the Authority for a risk assessor; (c) Have completed one of the following education and applicable experience criteria: (A) Certification as an industrial hygienist, an engineer, a registered architect, certified safety professional, registered sanitarian, or registered environmental health specialist; 9

10 OREGON RULES/REGULATIONS OREGON ADMINISTRATIVE RULES ORGEON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION DIVISION 70: PRE-RENOVATION EDUCATIONA ND RENOVATION, REPAIR AND PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT Minimum Personnel Requirements for Training Program Accreditation For a training program to obtain accreditation from the Authority to offer renovator courses or dust sampling technician courses, the program shall: (1) Employ a training manager who has: (a) At least two years of experience, education, or training in teaching workers or adults; or (b) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or (c) Two years of experience in managing a training program specializing in environmental hazards; and (d) Demonstrated experience, education, or training in the construction industry including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. (2) Designate a qualified principal instructor for each course who has: (a) Demonstrated experience, education, or training in teaching workers or adults; (b) Successfully completed at least 16 hours of any EPA-accredited or EPA-authorized Lead-Based Paint Activities or Lead Renovation, Repair and Painting training program; and 10

11 (c) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. 11

12 OREGON RULES/REGULATIONS OREGON ADMINISTRATIVE RULES DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION DIVISION 1: RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT Loss Prevention Services (1) Each insurer shall make occupational health and safety loss prevention services available to all its insured employers and shall provide certain other services as required by this rule. (2) At a minimum, loss prevention services and personnel providing the services must meet the needs of the particular place of employment, special industry, or process, and shall include at least the following: (e) Assistance with industrial hygiene and safety evaluations to detect physical and chemical hazards of the workplace, and implementation of engineering or administrative controls; Self-Insured and Group Self-Insured Employer Loss Prevention Effort Each self-insured employer and each member of a group self-insured program shall implement a loss prevention effort for each of it locations, which identifies and controls all reasonably discoverable occupational safety and health hazards and items not in compliance with the federal or the division's occupational safety and health laws, rules and standards. The self-insured group shall assist each member of the group in developing and implementing the loss prevention effort. This loss prevention effort shall include at least the following: (7) On-site routine industrial hygiene and safety evaluations to detect physical and chemical hazards of the workplace, and the implementation of engineering or administrative controls; 12

13 OREGON RULES/REGULATIONS OREGON ADMINISTRATIVE RULES OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION DIVISION 40: DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES Qualifications and Training of Sampling Personnel Persons collecting site samples shall have the following minimum qualifications: (1) Have completed hazardous materials training, as set forth in OAR (5); and (2) Be a certified Industrial Hygienist (CIH); or (3) Have a Bachelor of Science Degree in Health and Safety, Industrial Hygiene, Environmental Sciences, or Basic Sciences, and six months experience working with or for a professional environmental or industrial hygiene firm, Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Department of Environmental Quality (DEQ), or for an environmental laboratory certified under a state, federal, or professional program; or (4) Have an Associate Degree in Hazardous Materials Management or Environmental Evaluations/Chemistry, and one year experience working under the direct supervision of personnel identified in section (2) or (3) of this rule. Persons who have been collecting samples at drug lab sites consistently since prior to January 1, 2000, are exempt from the requirements in sections (2), (3), and (4) of this rule. 13

14 OREGON RULES/REGULATIONS OREGON ADMINISTRATIVE RULES DEPARTMENT OF OREGON STATE POLICE, OFFICE OF FIRE MARSHAL DIVISION 85: COMMUNITY RIGHT TO KNOW SURVEY AND COMPLIANCE PROGRAMS Definitions (31) "Hazardous Substance" means: (a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the Office of State Fire Marshal; or (b) Any substance required to have a Material Safety Data Sheet (MSDS) pursuant to Oregon Occupational Safety and Health Division's OAR 437, division 2 (29 CFR ), subdivision Z, and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienist (ACGIH); or (c) Any substance required to have an MSDS pursuant to Oregon Occupational Safety and Health Division's OAR 437, division 2 (29 CFR ), subdivision Z, except: (33) "Health Professional" means a physician as defined in ORS , registered nurse, industrial hygienist, toxicologist, epidemiologist or emergency medical technician. 14

15 OREGON RULES/REGULATIONS OREGON ADMINISTRATIVE RULES DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, ORGEON OCCUPATIONAL SFAETY AND HEALTH DIVISION DIVISION 2: GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES Oregon Rules for Air Contaminants An employee s exposure to any substance listed in Oregon Tables Z-1, Z-2, or Z-3 of this section shall be limited in accordance with the requirements of the following paragraphs of this section. (4) To achieve compliance with paragraphs (1) through (4) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with

16 OREGON RULES/REGULATIONS OREGON ADMINISTRATIVE RULES DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, ORGEON OCCUPATIONAL SFAETY AND HEALTH DIVISION DIVISION 3: CONSTRUCTION Oregon Rules for Air Contaminants An employee's exposure to any substance listed in Oregon Tables Z-1, Z-2, or Z-3 of this section shall be limited in accordance with the requirements of the following paragraphs of this section. (5) To achieve compliance with paragraphs (1) through (4) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with

17 OREGON RULES/REGULATIONS OREGON ADMINISTRATIVE RULES DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, ORGEON OCCUPATIONAL SFAETY AND HEALTH DIVISION DIVISION 4: AGRICULTURE Chemical/Toxins Oregon Rules for Air Contaminants (5) Engineering or administrative controls. To achieve compliance with the exposure limits in paragraphs (1) through (4) of this section, first determine and implement, when feasible, engineering or administrative controls. When such controls are not feasible, mandate the use of protective equipment or any other protective measures to keep exposure within the limits in this section. Any equipment or technical measures used for this purpose must be approved for each particular use by a competent Industrial Hygienist or other technically qualified person. Whenever using respirators, comply with Division 4/I, OAR , Respiratory Protection. Tables Z-1, Z-2, Z-3, and notes. 17