Or. Admin. R. 817-090-0075

Current through Register Vol. 63, No. 9, September 1, 2024

Section 817-090-0075 - Schedule of Penalties for Waste Disposal Violations

The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply.

(1) Failing to immediately deposit all chemical waste materials in a closed container at the conclusion of each service, or a fire-retardant container at the close of each business day is a violation of OAR 817-010-0060(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(2) Failing to immediately dispose of all waste and refuse in covered containers is a violation of OAR 817-010-0060(2) or (3):

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

(3) Failing to keep the outer surface of a waste disposal container clean is a violation of OAR 817-010-0060(4):

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

(4) Failing to dispose of disposable material coming into contact with blood or other bodily fluids in a sealable plastic bag is a violation of OAR 817-010-0060(5):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(5) Failing to dispose of disposable sharp-edged material coming into contact with blood or other bodily fluids in a sealable rigid container is a violation of OAR 817-010-0060(6):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(6) Failing to have sealable plastic bags and sealable rigid containers available for use at all times services are being performed is a violation of OAR 817-010-0060(7):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Or. Admin. R. 817-090-0075

BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14; BOC 5-2019, amend filed 12/18/2019, effective 1/1/2020

Statutory/Other Authority: ORS 690.167, ORS 676.612, ORS 676.992 & ORS 676.615

Statutes/Other Implemented: ORS 690.167, ORS 676.612 & ORS 676.992