Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 40 - DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES › Section 333-040-0110 - Qualifications, Training and Licensing of Contractors and Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person or
			 entity shall advertise to undertake, or perform the work necessary to assess or
			 decontaminate properties found to be unfit for use, without first complying
			 with these rules and securing a license to do so pursuant to ORS 453.885(2),
			 453.888 and Oregon Laws 1999, chapter 861, section 3, except as set forth in
			 section (2) of this rule or in OAR
			 333-040-0065(2)
			 and (3).
(2) Before applying for a decontamination
			 contractor license, a contractor must be registered, bonded and insured as a
			 general contractor with the Construction Contractor's Board. Companies and
			 persons providing only sample collection, transportation and testing services
			 for drug laboratory decontamination contractors are not required to be licensed
			 pursuant to these rules; however, a contractor shall supervise anyone providing
			 sample collection as set forth in OAR
			 333-040-0130(1),
			 and anyone providing sample collection services shall comply with the hazardous
			 materials training required in section (5) of this rule and the qualification
			 and training requirements of
			 333-040-0135.
			 Laboratories providing sample analysis shall comply with
			 333-040-0070(3)(a).
(3) The contractor shall provide
			 documentation to the Division that its supervisory personnel seeking training
			 and certification as a drug laboratory decontamination supervisor have
			 successfully completed at least 40 hours of hazardous materials training
			 satisfying the requirements of OAR
			 437-002-0100(18)
 
			 and  29 CFR 1910.120 (e). The contractor shall insure that only persons so
			 qualifying are admitted for training, examination or on-site work as an illegal
			 drug manufacturing site decontamination supervisor.
(4) Applicants shall demonstrate that all
			 employees who will perform work on illegal drug manufacturing sites have
			 completed a Division-sponsored specialized training course and have
			 successfully passed the course examination with a score of seventy percent or
			 greater.
(5) The contractor shall
			 insure that its employees and agents who have on-site duties or who handle
			 contaminated materials, chemicals or contaminated equipment, shall be trained
			 as required by OAR
			 437-002-0100(18)
 
			 and  29 CFR 1910.120 (e)  before engaging in assessment, testing or
			 decontaminating illegal drug manufacturing sites. Refresher training as
			 required by said rules and regulations shall be kept current.
(6) The contractor's supervisory employees
			 performing on-site drug site decontamination activities shall successfully
			 complete the initial training course required in section (4) of this rule and
			 shall successfully complete refresher training specified by the Division every
			 other year to renew their certification. The Division may also require more
			 frequent training updates.
(7) The
			 contractor's non-supervisory employees who have on-site exposure to properties
			 found unfit for use shall receive specialized drug site decontamination
			 training before having any on-site exposure, and must attend refresher training
			 at least every other year to renew their certification. The contractor shall
			 supply the Division with documentation of such training for each employee who
			 enters an illegal drug manufacturing site. Training referred to in sections (6)
			 and (7) of this rule is required in addition to the training required by State
			 and Federal OSHA regulations referred to in section (5) of this rule.
(8) All contractors and all employees of any
			 contractor shall carry identification provided by the Division attesting to
			 their training credentials and level of training whenever performing duties at
			 an illegal drug manufacturing site.
Stat. Auth.: ORS 453.864
Stats. Implemented: ORS 453.855 - ORS
				  453.912