Or. Admin. Code § 414-310-0480

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-310-0480 - Prevention and Management of Hazards

(1) A school-age center must ensure that all toxic or potentially dangerous items, such as cleaning supplies and equipment, poisonous and toxic materials, and flammable and corrosive materials, are stored in a manner that prevents use or access by children.

(a) Toxic substances must be stored separately from medication, food service equipment, and food supplies.

(b) Products including toxic substances must be stored and used according to the manufacturer's instructions including not storing products near heat sources.

(c) Products must be stored in the original labeled containers. Any smaller containers or solutions mixed by staff must be labeled with the contents of the container.

(2) A school-age center must take steps to prevent children's exposure to the following if they exist on the premises:

(a) Lead based paint. Any building or play structure constructed before 1978 that has peeling, flaking, chalking, or failing paint must be tested for lead. If lead-based paint is found, the center must contact the Oregon Health Authority within 5 working days and follow their required procedures for remediation of the lead hazard;

(b) Plumbing and fixtures containing lead or lead solders;

(c) Asbestos;

(d) Toxic mold; and

(e) Other identified toxins or hazards.

(3) A school-age center and staff must recognize, address or remove potentially dangerous items and situations, using protective barriers to prevent children's access, if needed. A school-age center must:

(a) Inspect the indoor and outdoor play areas and equipment daily for hazards, such as missing parts or broken equipment, sharp edges, splinters, and trash; and

(b) Ensure open containers of water used for children's play, such as water tables, are emptied immediately after use.

(4) A school-age center must not permit any tobacco products such as cigarettes, cigars, and smokeless or vaping devices, illegal drugs, drug paraphernalia, hemp, marijuana and marijuana infused products, or alcohol on the premises during operating hours or when children are present. This includes:

(a) The playground;

(b) Within 10 feet of any entrance, exit, or window that opens or any ventilation intake that serves an enclosed area; or

(c) In any center vehicles or on any field trip.

(5) A school-age center must not permit the possession or storage of guns, firearms, weapons, or ammunition on the center premises at any time.

(6) A school-age center must ensure that all pools and other bodies of water such as hot tubs, spas, ponds, creeks, fountains, ornamental ponds, and rain barrels are inaccessible to all children.

(a) Pools and hot tubs must be made inaccessible through one of the following methods:

(A) A locking, rigid cover;

(B) A minimum 4 foot high fence that begins at ground level, and all gates and doors that allow access are locked;

(C) Four foot non-climbable sides with pool ladder removed or inaccessible; or

(D) In a locked room or all doors that access the area are locked.

(b) If a body of water is in close proximity but not located on the premises, the center must provide a physical barrier on the property to prevent unsupervised access by children.

(7) A school-age center must keep the center free of insects, rodents and other pests.

(a) Automatic insecticide dispensers, vaporizers, or fumigants must not be used.

(b) Pest control products must not be applied or used when children are present. After their application, children must not enter the area until indicated by the manufacturer's instructions.

(8) A school-age center must take precautions to protect children from vehicular traffic including but not limited to:

(a) Require drop off and pick up only at the curb or at an off-street location protected from traffic; and

(b) Assure that any adult who supervises drop-off and loading can see and assure that children are clear of the perimeter of all vehicles before any vehicle moves.

(9) Personal items belonging to staff members must be stored according to applicable rules.

Or. Admin. Code § 414-310-0480

ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022; ELD 7-2022, adopt filed 07/01/2022, effective 7/1/2022; DELC 140-2023, amend filed 12/06/2023, effective 1/1/2024; DELC 105-2024, minor correction filed 05/09/2024, effective 5/9/2024

Statutory/Other Authority: ORS 329A.280

Statutes/Other Implemented: ORS 329A.280