Or. Admin. Code § 734-029-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 734-029-0040 - Specific Requirements

(1) Applicant and Participant Responsibilities:

(a) The Applicant will be responsible and liable for the care, control, supervision and assurance of safety of all Participants. Each Participant will be required to execute a Department liability release form reflecting awareness and acknowledgement of the potentially hazardous nature of the work involved;

(b) The Applicant and each Participant must comply with and abide by all laws, rules, and regulations relating to safety and use of the highway, and such other terms and conditions as may be required in the Permit. The Applicant or individual Participants may be excluded from participation or the permit canceled, at the discretion of the DM for violation of the terms of the Permit or Division 29 rules;

(c) The Applicant will provide adult supervision at the work site by at least one Participant over 18 years of age. Each Participant must be at least 16 years of age. Presence at the work site of individuals under 16 years of age is not allowed;

(d) The Applicant and each Participant must review the safety information provided by the Department at least once a year prior to participating in the actual work;

(e) The Applicant is to pick up litter at least four times a year; noxious weeds are to be removed at least two times a year. This frequency may be increased by written notice of the DM dependent on condition and appearance of the highway section;

(f) If maintenance of landscape improvements, or graffiti removal are included as a planned work activity, the scope of work and specific requirements and limitations will be agreed to by the Applicant and the DM, and identified in the permit;

(g) Supplies, materials, and work area signs furnished by the DM on behalf of the Department will be obtained from and returned to the DM during regular business hours. The Applicant may furnish its own additional supplies for its exclusive use such as a first-aid kit and drinking water.

(h) The Applicant will be responsible for appointing or selecting a spokesperson to act as the representative of the Applicant in matters relating to the Permit. The Applicant or its spokesperson is responsible for assuring compliance by Participants with safety procedures, proper Participant clothing and footwear, proper parking of vehicle(s) along the highway, arranging transportation of the Participants to and from the work site, notifying the DM of the location of large, heavy, or potentially hazardous items found along the highway, checking out and returning supplies provided by the Department, and assuring that a signed liability release has been provided to the Department for each Participant;

(i) The Applicant will be responsible for placing litter and noxious weeds in trash bags furnished by the DM and conducting other work activities as described in the Permit.

(j) Vehicles used by the Applicant to transport Participants to and from the work site must be parked so as not to create a hazard to motor vehicle traffic or interfere with the regular maintenance of the roadway. Vehicles must be moved by the Applicant upon request of the DM or law enforcement personnel.

(2) Department Responsibilities:

(a) The DM will consult with an Applicant to determine the specific section of highway to be adopted;

(b) The DM will furnish work area signs, trash bags, reflective vests, colored flags to mark large, heavy or potentially hazardous litter, and safety awareness information for Applicant safety meetings;

(c) The DM will furnish and erect two acknowledgement signs, one at each end of the adopted highway section, with the Applicant's name or acronym displayed. When the section of highway adopted is not linear to the highway a lesser number of signs may be placed;

(d) If the Department determines that the sign(s) would create an unsafe condition for persons using the highway, it may choose not to erect the sign(s). Acknowledgement signs that are repeatedly vandalized or stolen may not be replaced at the discretion of the DM;

(e) The DM will be responsible for removal of litter that is large, heavy or potentially hazardous that has been flagged by the Applicant. The removal and disposal of filled litter bags, landscape debris, and noxious weeds will be as described in the Permit.

Or. Admin. Code § 734-029-0040

HWY 6-1992, f. & cert. ef. 3-26-92; HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10

Stat. Auth.: ORS 184.616, 184.619, 366.158

Stats. Implemented: ORS 366.158