DIVISION 60
CHEMICAL USE AND STORAGE
817-060-0010
Client Protection
(1) When administering chemical services to a client, all practitioners, as defined in ORS Chapter 690, shall follow safety procedures which prevent eye, nail, hair, or skin injury to clients or damage to the clothing of clients.
(2) When an employee/employer relationship exists employees shall comply with ORS 654 and OAR 437-002-0360(25), 29 CFR 1910.1030, OAR 437-002-0360(35), and 29 CFR 1910.1200.
Stat. Auth.: ORS 690.165 & ORS 690.205
Stats. Implemented: ORS 654, ORS 690.165 & ORS 690.205
Hist.: BH 1-1983(Temp), f. & ef. 10-4-83; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Administrative Correction 1-15-98
817-060-0020
Chemical Storage
(1) For the purposes of this section, the following terms are being used as defined by OAR 437, Division 2, General Occupational Safety and Health Rules Toxic and Hazardous Substances as amended and in effect November 2, 1999;
(a) Corrosives;
(b) Flammables (aerosol, gas, liquid, and/or solid);
(c) Oxidizers.
(2) For purposes of this section "hazardous" and "segregated in storage" are defined as follows:
(a) "Hazardous" means capable of causing an unplanned, uncontrolled reaction which could present a hazard to practitioners or clients by explosion, fire, release of toxic gases or by-products, or physical or chemical burns; and
(b) "Segregated in storage" means that potentially hazardous chemicals and materials are separated (so as to prevent their mixing with one another through leakage, spillage or breakage) by an adequate distance or through the use of physical barriers such as partitions or separate shelving arrangements.
(3) All facilities, independent contractors and practitioners using chemicals in providing services to clients shall store the chemicals safely to avoid fire, explosion and bodily harm to clients and practitioners:
(a) Flammable chemicals shall be stored remote from potential sources of ignition (e.g., the pilot light of a hot water tank); and
(b) Chemicals which could interact in a hazardous manner (e.g., oxidizers, corrosives and flammables) shall be segregated in storage, in areas where surrounding air temperatures do not exceed 140 degrees Fahrenheit:
(A) Chemical containers holding one gallon or less may be stored in the same area or in the same storage cabinet with materials with which they could react, if one of the following conditions is met:
(i) Containers of reactive chemicals are separated by location or sufficient distance (i.e., at least 12 inches apart or on different shelves) to prevent their reaction; or
(ii) Glass bottles of reactive chemicals are treated to make them break-resistant (e.g., resin-coated) or are stored in rubber buckets or sleeves, or are stored with a partition separating them.
(B) Chemicals which are highly reactive or stored in containers greater than one gallon must be stored in separate cabinets, in safety-valve containers, or in locations isolated from other chemicals;
(C) Chemicals may be stored in containers which the Oregon Department of Transportation has approved for the shipping of those chemicals; and
(D) Chemically related waste or refuse and chemically dampened or saturated towels must be placed in the appropriate fire-retardant containers as stated in OAR 817-010-0035(4) and 817-010-0060.
Stat. Auth.: ORS 676.605, 676.615, 690.165, 690.205
Stats. Implemented: ORS 676.605, 676.615, 690.165, 690.205
Hist.: BH 1-1983(Temp), f. & ef. 10-4-83; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04
817-060-0030
Use, Handling and Disposing of Chemicals
(1) Practitioners who use chemicals in order to provide services to clients shall mix those chemicals in a dispensing area, which has adequate ventilation away from open flame or other source of potential ignition.
(2) All chemically saturated towels and waste from the work and storage area must be placed in covered, fire-retardant containers. Refer to 817-010-0035 and 817-010-0060.
(3) All chemicals shall be disposed of according to manufacturers instructions and in accordance with local and state environmental requirements.
(4) Cosmetic products containing hazardous substances, which have been banned by the U.S. Food and Drug Administration for use in cosmetic products, are prohibited on the premises of facilities.
(5) Products are prohibited from being used in a manner that is disapproved by the U.S. Food and Drug Administration.
(6) A practitioner shall not use any product containing compounds or substances characterized as hazardous or harmful to humans by Material Safety Data Sheets (MSDS) and/or random product testing.
(7) Smoking or use of an open flame at the workstation, by either the client or practitioner, during any phase of chemical service, i.e. mixing, application, processing, or use of any potentially explosive chemicals, is strictly prohibited. This prohibition includes smoking by the client inside the facility while any phase of a chemical service is being performed.
Stat. Auth.: ORS 676.605, 676.615, 690.165, 690.205
Stats. Implemented: ORS 676.605, 676.615, 690.165, 690.205
Hist.: BH 1-1983(Temp), f. & ef. 10-4-83; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04
817-060-0050
Use of Formaldehyde Products
(1) In addition to and not in lieu of, any other city, county, state or federal laws, rules, codes and regulations, the agency and board adopt by reference OAR 437-002-0360(31).
(2) For the purpose of this rule:
(a) When employer is referenced under OAR 437-002-0360(31) employer means a facility license holder, temporary facility permit holder, demonstration permit holder working outside of a licensed facility, a practitioner working outside of a licensed facility, and an independent contractor.
(b) When employee is referenced under OAR 437-002-0360(31) employee means practitioner working in a licensed facility, individual working under the direction of an independent contractor or facility license holder, and demonstration permit holder working in a licensed facility.
Stat. Auth.: ORS 676.605, 676.606, 676.607, 690.165 & 690.205
Stats. Implemented: ORS 690.165 & 690.205
Hist.: BOC 3-2010(Temp), f. 11-10-10, cert. ef. 11-15-10 thru 5-10-11; BOC 2-2011, f. & cert. ef. 5-5-11
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