Or. Admin. R. 414-305-0840 - Prevention and Management of Hazards

(1) A certified child care center 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 414-305-0100(25).

(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 or potentially harmful environmental pollutants are identified, a certified child care center must evaluate and work collaboratively with appropriate agencies to mitigate the concern.

(3) A certified child care center 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 center 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.

(4) A certified child care center and staff must recognize, address or remove potentially dangerous items and situations, using protective barriers to prevent children's access, if needed. A certified child care center must:

(a) Inspect the indoor and outdoor play areas and equipment daily for hazards, such as missing parts or broken equipment, sharp edges, splinters, and trash;

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

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

(d) Store diaper bags out of children's reach;

(e) Securely anchor large, heavy, or unstable objects such as furniture, televisions, bookcases, and wall cabinets into a wall stud with braces, brackets, anchors or wall straps to prevent tipping over;

(f) Ensure children under the age of 3 years do not have access to items that have a diameter or overall dimension of one and three quarter (1 3/4) inches or less, such as disc batteries, coins, magnets, toys or parts that may become detached from other equipment or objects;

(g) Ensure children under the age of 3 years do not have access to ties, long scarves, necklaces, and boas unless used during a structured learning activity where a staff member is within arm's reach;

(h) Ensure sand boxes are free of animal waste and trash; and

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

(5) A certified child care center 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:

(a) The playground;

(b) Within 10 feet of any entrance, exit, or window that opens or any ventilation intake that serves an enclosed area; or

(c) In any center vehicles or on any field trip.

(6) A certified child care center must not permit the possession or storage of guns, firearms, weapons, or ammunition on the center premises at any time.

(7) A certified child care center must prevent access to all pools and other bodies of water such as hot tubs, spas, ponds, creeks, fountains, ornamental ponds, and rain barrels.

(a) Pools and hot tubs must be made inaccessible through one of the following methods:

(A) A locking, rigid cover;

(B) A minimum four foot high fence that begins at ground level, and all gates and doors that allow access are locked;

(C) Four foot non-climbable sides with pool ladder removed or inaccessible; or

(D) In a locked room or all doors that access the area are locked.

(b) If a body of water is in close proximity but not located on the premises, the center must provide a physical barrier on the property to prevent unsupervised access by children.

(8) A certified child care center must keep the center free of insects, rodents and other pests.

(a) Automatic insecticide dispensers, vaporizers, or fumigants must not be used.

(b) Pest control products must not be applied or used when children are present. After their application, children must not enter the area until indicated by the manufacturer's instructions.

(9) A certified child care center must take precautions to protect children from vehicular traffic including but not limited to:

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

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

Notes

Or. Admin. R. 414-305-0840

ELD 10-2023, adopt filed 06/28/2023, effective 1/1/2024; DELC 44-2024, minor correction filed 04/12/2024, effective 4/12/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.260