Or. Admin. R. 837-085-0280

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

Section 837-085-0280 - Noncompliance Classes

For the purpose of determining the penalties that may be assessed for noncompliance, the following Noncompliance Classes are established:

(1) Class I Noncompliance. A covered employer, owner, or operator shall be considered in Class 1 Noncompliance for the following:

(a) Failing to notify the State Fire Marshal they have reportable quantities of hazardous substances;

(b) Failing to submit their Hazardous Substance Survey or annual Hazardous Substance Report, revision, or a substantive change when required.

(2) Class II Noncompliance. A covered employer, owner, or operator shall be considered in Class II Noncompliance for the following:

(a) Failing to maintain records in accordance with OAR 837-085-0110;

(b) Failing to provide an SDS or other hazardous substance information required by OAR 837-085-0090(6)(e) and (f) when requested by the State Fire Marshal;

(c) Failing to report or failing to correct misreported information required by OAR 837-085-0090(6)(a) through (c), except that failing to submit or correct misreporting of any of the following information will not be considered in Class II Noncompliance or any other class of noncompliance:

(A) North American Industry Classification System;

(B) Dun and Bradstreet Number;

(C) Name of the regulatory point of contact;

(D) Department or Division;

(E) Written Emergency Plan and, if so, the location;

(F) Automatic Fire Suppression System;

(G) NFPA 704 Placarding;

(H) Other Types of Placarding;

(I) UN or NA Numbers.

(3) Class III Noncompliance. A covered employer, owner, or operator who provides all information required by OAR 837-085-0090(d), but fails to correct misreported information, shall be considered in Class III Noncompliance, except that failing to correct any misreported maximum amount of a hazardous substance shall be considered Class IV Noncompliance.

(4) Class IV Noncompliance. A covered employer, owner, or operator who, when providing information required by OAR 837-085-0090(d), but fails to report all reportable hazardous substances or fails to report or correct any misreported maximum amount of a hazardous substance shall be considered in Class IV Noncompliance.

(5) Class V Noncompliance. A covered employer, owner, or operator who intentionally misreports on their Hazardous Substance Information Survey, Hazardous Substance Report, or records of hazardous substances or fails to provide health professionals with any pertinent hazardous substance information, in accordance with OAR 837-085-0170, shall be considered in Class V Noncompliance.

Or. Admin. R. 837-085-0280

FM 1-1994, f. & cert. ef. 1-14-94; OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99; OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02; OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05; OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10; OSFM 1-2014, f. & cert. ef. 1-9-14; OSFM 6-2014, f. 12-22-14, cert. ef. 1/1/2015; OSFM 1-2019, amend filed 01/02/2019, effective 1/2/2019

Statutory/Other Authority: ORS 453.367

Statutes/Other Implemented: ORS 435.357