Or. Admin. Code § 414-320-0840 - [Effective 7/1/2025] Prevention and Management of Hazards

(1) A certified ONB program must ensure that all toxic or potentially dangerous items, such as cleaning supplies and equipment, poisonous and toxic materials, and flammable and corrosive materials, are inaccessible to children, as defined in OAR 414-320-0100(26).

(a) Toxic substances must be stored separately from medication, food service equipment, and food supplies.

(b) Sanitizing and disinfecting solutions must be inaccessible to children.

(c) Products including toxic substances must be stored and used according to the manufacturer's instructions, including not storing products near heat sources.

(d) Products must be stored in the original labeled containers. Any smaller containers or solutions mixed by staff must be labeled with the contents of the container.

(2) When an environmental concern, including potentially harmful environmental pollutants, is identified, a certified ONB program must evaluate and work collaboratively with appropriate agencies to mitigate the concern.

(3) If the certified ONB program operates on a site undergoing remedial work by the Oregon Department of Environmental Quality (DEQ), the certified ONB program must take additional steps to ensure children do not ingest contaminated soil.

(4) A certified ONB program must take steps to prevent children's exposure to the following, if they exist on the premises:

(a) Lead based paint. Any building or play structure constructed before 1978 that has peeling, flaking, chalking, or failing paint must be tested for lead. If lead-based paint is found, the certified ONB program must contact the Oregon Health Authority within five working days and follow their required procedures for remediation of the lead hazard.

(b) Plumbing and fixtures containing lead or lead solders;

(c) Asbestos;

(d) Toxic mold; and

(e) Other identified toxins or hazards.

(5) A certified ONB program and staff must recognize, address, or remove potentially dangerous items and situations, using protective barriers to prevent children's access, if determined by DELC to be necessary. A certified ONB program must:

(a) Inspect the outdoor play areas and equipment daily for hazards, such as missing parts or broken equipment, sharp edges, splinters, and trash. All equipment with broken parts or damage must be repaired as soon as possible and must be inaccessible to children until repairs are made according to the manufacturer's instructions, if available;

(b) Inspect and mitigate any hazards related to natural materials of a certified ONB program, such as removing broken limbs from climbing trees;

(c) Visually inspect meeting spaces and outdoor classrooms or other commonly used spaces prior to children arriving. A certified ONB program must have a method of removing or mitigating any hazard on ONB licensed space such as, but not limited to, loose overhead branches, hazardous materials or devices left in public spaces, wildlife, or wildlife droppings;

(d) Ensure open containers of water such as bathtubs, buckets, and mop pails are emptied immediately after use;

(e) Store personal items belonging to staff members according to applicable rules; and

(f) Ensure that all plastic bags that are large enough to fit over a child's head are inaccessible to children.

(6) A certified ONB program must not permit any tobacco products such as cigarettes, cigars, and smokeless or vaping devices, illegal drugs, drug paraphernalia, hemp, marijuana and marijuana infused products, or alcohol on the premises during operating hours or when children are present. This includes in any certified ONB program vehicles or on any field trips. If the certified ONB program is operated on public land and the law allows members of the public to smoke in the area, the certified ONB program must reasonably protect children from second-hand smoke.

(7) A certified ONB program must not permit the possession or storage of guns, firearms, weapons, or ammunition on the certified ONB program premises at any time, unless the certified ONB program operates on property containing a residential home and the residential home is under the control of the certified ONB program. In this case, firearms, ammunition, and other potentially hazardous equipment within the home shall be kept under lock, such as a key, combination, or biometric lock. A child safety lock or trigger lock does not meet this requirement. In addition:

(a) Firearms, pellet or BB guns must be unloaded and kept in areas not used by child care children; and

(b) Ammunition shall be stored separately from firearms.

(8) A certified ONB program operating in natural environments must prevent and manage the children's exposure to toxic or infectious agents, such as potentially toxic animal waste, bee stings, and potentially toxic plants or fungi. When appropriate, certified ONB program staff must check children for ticks.

(9) A certified ONB program must notify staff, parents, and guardians if pesticides or herbicides are applied on or near the ONB program space.

(10) A certified ONB program operating on private or public land must work with the owners or park directors or their designees to comply with the following:

(a) The certified ONB program must take steps to prevent attracting pests including, but not limited to, identifying and removing food and water sources that attract pests.

(b) Indoor and outdoor areas in and around the licensed space must be inspected for evidence of potentially hazardous pests. The certified ONB program must document the date and location if evidence is found and take appropriate pest mitigation measures.

(c) If pesticides or herbicides are used, except in the case of an emergency such as the discovery of a wasp nest, the certified ONB program must notify the parents or guardians of enrolled children at least 48 hours before application what pesticide or herbicide will be applied and where it will be applied.

(d) Pesticides or herbicides must not be applied to certified ONB program space when children are present. Children must be excluded from areas where pesticides or herbicides are applied per the pesticide or herbicide manufacturer's instructions.

(11) A certified ONB program must take precautions to protect children from vehicular traffic including but not limited to:

(a) Requiring drop off and pick up only at the curb or at an off-street location protected from traffic; and

(b) Ensuring that any adult who supervises drop-off and loading can see and ensure that children are clear of the perimeter of all vehicles before any vehicle moves.

Notes

Or. Admin. Code § 414-320-0840

DELC 2-2025, adopt filed 03/26/2025, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280