Or. Admin. R. 333-040-0110 - Qualifications, Training and Licensing of Contractors and Employees

Current through Register Vol. 61, No. 4, April 1, 2022

(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.


Or. Admin. R. 333-040-0110
HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90 ); OHD 2-1998, f. & cert. ef. 2-13-98; OHD 1-2000, f.& cert. ef. 1-24-00

Stat. Auth.: ORS 453.864

Stats. Implemented: ORS 453.855 - ORS 453.912

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