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Oregon Bulletin

February 1, 2014

Oregon Military Department, Office of Emergency Management , Chapter 104

Rule Caption: OEM’s Notice of Permanent Rule to Amend OAR Chapter 104-Division 20

Adm. Order No.: OEM 1-2013

Filed with Sec. of State: 12-17-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 11-1-2013

Rules Amended: 104-020-0000, 104-020-0010, 104-020-0020, 104-020-0030, 104-020-0040

Subject: Permanent rule to amend Oregon Administrative Rules Chapter 104-Division 20, regarding earthquake preparedness drills, pursuant to legislative requirements within HB 2183 (2013 session).

Rules Coordinator: Cherie Cline—(503) 378-2911, ext. 22221

104-020-0000

Purpose

The purpose of the rule is to provide guidance for all private, state, local government agencies and non-governmental employers with 250 or more full-time employees to conduct mandatory annual earthquake drills for employees located within office buildings.

Stat. Auth.: Ch. 366, OL 2001

Stats. Implemented: Ch. 366, OL 2001

Hist.: OEM 1-2002, f. & cert. ef. 4-15-02; OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14

104-020-0010

Definitions

(1) “State and local agency” means a state or local government office, department, division, bureau, board, or commission that is assigned, renting, leasing, owning or controlling office space for carrying out its duties either in one or multiple locations. ‘State or local agency’ includes the legislative assembly (i.e. legislators) when in regular session.

(2) “Employers with 250 or more full-time employees” mean employers with 250 or more full time employees in Oregon, who are not state and local agencies.

(3) “Office Building” means a building whose primary function is office work. It does not include those non-office buildings whose primary function is manufacturing, assembly, warehouse, laboratory, maintenance, or other non-office situations. Employers are encouraged to hold drills in non-office environments.

(4) “Earthquake drill”, as outlined in guidelines established by Oregon Office of Emergency Management.

Stat. Auth.: Ch. 366, OL 2001

Stats. Implemented: Ch. 366, OL 2001

Hist.: OEM 1-2002, f. & cert. ef. 4-15-02; OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14

104-020-0020

Drill Requirements

Those required to conduct the drill are certain office employees of state and local agencies and certain office employees of other employers who have 250 or more full-time employees.

(1) State and local agencies

(a) State and local agencies fall under the drill requirement regardless of the type (full and part time) and number of employees and number of works sites.

(b) All office employees are required to drill, except where there is a mix of office and non-office employees at a work site. If the office employees at a mixed work site are in the majority they are required to drill. If not, they are not required to drill. If an agency has more than one work site, each work site is evaluated separately according to this majority rule. A work site is defined as a site that has one street address, which may contain one or more buildings.

(2) Private and non-governmental employers with 250 or more full time employees

(a) Employers with 250 or more full time employees fall under the drill requirement regardless of the number of work sites. The 250 or more full-time employees include all full time employees.

(b) All office employees (including both full and part time) are required to drill, except where there is a mix of office and non-office employees at a work site. If the office employees at the mixed work site are in the majority they are required to drill. If not, they are not required to drill. If an employer has more than one work site, each work site is evaluated separately according to this majority rule. A work site is defined as a site that has one street address, which may contain one or more buildings.

Stat. Auth.: Ch. 366, OL 2001

Stats. Implemented: Ch. 366, OL 2001

Hist.: OEM 1-2002, f. & cert. ef. 4-15-02; OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14

104-020-0030

Drill Guidelines

(1) The earthquake drill shall be the drop, cover and hold on, or if not possible, other protective action. Written information on pre-designated evacuation routes and procedures for exiting the building shall be made available to employees.

(2) The employer, state, or local agency may drill earthquake response procedures in addition to “drop, cover, and hold on” when it is determined on scientific evaluation of specific engineering and structural issues related to a building and with the consultation of state and local emergency management, that “drop, cover, and hold on” may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life.

(3) Entities are encouraged to participate in the annual state-wide “drop, cover, and hold on” earthquake drill.

(4) Guidelines for the drill and evacuation procedures are posted on the web sites of Oregon Office of Emergency Management (OEM) and the Oregon Department of Geology and Mineral Industries (DOGAMI).

Stat. Auth.: Ch. 366, OL 2001

Stats. Implemented: Ch. 366, OL 2001

Hist.: OEM 1-2002, f. & cert. ef. 4-15-02; OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14

104-020-0040

Drill Records

(1) Each state and local agency and employer with 250 or more full-time employees shall maintain a file that documents the date the earthquake drill was conducted. The file can be either maintained at one central location, for those agencies or employers that have multiple locations, or maintained at each location. If maintained at a central location, the record shall be kept in the office of the agency or company head. If maintained at each agency location, then the record shall be kept in the office of the manager at that site.

(2) For those agencies, companies and organizations that fit the drill criteria, drill waivers may be granted each year in exceptional circumstances and for good cause. Petitions must be submitted by the executive head of the state agency, local agency, company, or organization requesting the waiver to the Earthquake Program Coordinator, Oregon Emergency Management, P. O. Box 14370, Salem, OR 97309-5062.

Stat. Auth.: Ch. 366, OL 2001

Stats. Implemented: Ch. 366, OL 2001

Hist.: OEM 1-2002, f. & cert. ef. 4-15-02; OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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