Oregon - Chemical Hazards: Prohibitions

Area: 
Prohibitions Or Restrictions
Policy Type: 
regulation; statute
Summary: 

State law requires districts to utilize environmentally-safe chemicals and/or to reduce chemical exposure in schools.

Oregon Administrative Rules 581-022-2223 Healthy and Safe Schools Plan

(5) At a minimum, the Healthy and Safe Schools Plan must include:

  • (a) The position within the school district's or public charter school's administration responsible for maintaining and implementing the Healthy and Safe Schools Plan;
  • (b) A list of all facilities that are included in the school district's or public charter school's Plan;
  • (c) A plan to test for elevated levels of radon as required under ORS 332.167;
  • (d) A plan to test for and reduce exposure to lead in water used for drinking or food preparation. An Oregon Health Authority accredited lab must be used for all testing.
  • (e) A plan to reduce exposure to lead paint that includes the following compliance with the United States Environmental Protection Agency's Renovation, Repair and Painting Program Rule.
  • (f) A plan to implement integrated pest management practices as required under ORS 634.700 through 634.750; and
  • (g) A plan to communicate results for all tests required under the Healthy and Safe Schools Plan...

Oregon Revised Statutes 634.705 Adoption of integrated pest management and related provisions; exceptions; low-impact pesticide list.

(1) The governing body responsible for a school shall adopt an integrated pest management plan for use on the campuses of the school. The governing body shall also adopt provisions for:

  • (a) Designating an integrated pest management plan coordinator;
  • (b) Identifying plan coordinator responsibilities;
  • (c) Giving notices under ORS 634.740;
  • (d) Retaining pesticide application records under ORS 634.750;
  • (e) Providing a process for responding to inquiries and complaints about noncompliance with the integrated pest management plan; and
  • (f) Conducting outreach to the school community about the school’s integrated pest management plan.

(2) If a governing body has control over only part of a building, a structure or property where a campus is located, the governing body may limit an integrated pest management plan to those parts of the building, structure or property over which the governing body exerts substantial control.

(3) A governing body is not required to adopt an integrated pest management plan for off-campus buildings, structures or property, notwithstanding any incidental use for instruction.

(4) Unless a governing body expressly provides otherwise, the application of a germicide, disinfectant, sanitizer, deodorizer, antimicrobial agent or insecticidal soap at a campus is not subject to the requirements for a pesticide application under an integrated pest management plan. However, this subsection does not permit the application at a campus of a germicide, disinfectant, sanitizer, deodorizer, antimicrobial agent or insecticidal soap that is a pesticide in a manner that is inconsistent with the goal of the integrated pest management plan.

(5) A governing body shall adopt a list of low-impact pesticides for use with the integrated pest management plan. The governing body may include any product on the list except products that:

  • (a) Contain a pesticide product or active ingredient that has the signal words “warning” or “danger” on the label;
  • (b) Contain a pesticide product classified as a human carcinogen or probable human carcinogen under the United States Environmental Protection Agency 1986 Guidelines for Carcinogen Risk Assessment; or
  • (c) Contain a pesticide product classified as carcinogenic to humans or likely to be carcinogenic to humans under the United States Environmental Protection Agency 2003 Draft Final Guidelines for Carcinogen Risk Assessment.
    Oregon State Legislature

Oregon Revised Statutes 634.740 Written notice requirements; warning signs; failure to notify or warn.

(1) The governing body responsible for a school shall adopt policies and processes for ensuring that the integrated pest management plan coordinator for the school, or a designee of the coordinator, gives written notice of a proposed pesticide application at the campus to, at a minimum, parents and guardians of minor students, adult students, school administrators, faculty members and staff members. The plan coordinator or designee may give a written notice described in this subsection by any reasonable means, including but not limited to, electronic mail.
(2) In adopting policies and processes under subsection (1) of this section, the governing body shall consider the age of the students attending the school and consider which methods for transmitting notice are most likely to reach the intended recipients.
(3) Except as provided in this subsection, the plan coordinator or designee must give a pesticide application notice in a manner reasonably calculated to reach the intended recipient at least 24 hours before the pesticide application occurs. A notice must identify the name, trademark or type of pesticide products, the registration number assigned to each of the pesticide products, the expected area of application, the expected date of application and the reason for the application. If a pest emergency makes it impracticable to give a pesticide application notice at least 24 hours before the pesticide application occurs, the plan coordinator or designee shall send the notice no later than 24 hours after the application occurs.
(4) Except as provided in this subsection, if a pesticide is applied at a campus, the plan coordinator or a designee of the coordinator shall place warning signs around pesticide application areas beginning no later than 24 hours before the application occurs and ending no earlier than 72 hours after the application occurs. A warning sign must bear the words “Warning: pesticide-treated area,” give the expected or actual date and time for the application and provide the telephone number of a contact person. If a pest emergency makes it impracticable to place the warning signs at least 24 hours before the pesticide application, the plan coordinator or designee shall place the signs as soon as practicable but no later than at the time the application occurs.
(5) Failure to give notice or post warnings as required by this section does not create a cause of action for damages and may not be asserted as the basis for a per se negligence claim.
Oregon State Legislature

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