OAR 837-085-0380
Incident Reporting System

(1)

Emergency service personnel responding to an incident of threatened or actual injury to a human, wildlife, domestic animal, or in which damage to the environment, or any property loss occurs resulting from a chemical substance or waste incident must make a written report of the incident to the State Fire Marshal:

(a)

This report must be on a form approved by the State Fire Marshal;

(b)

Only one written incident report for each incident is required. Responsibility for completing the written report shall be in the following order:

(A)

Where fire department units have responded to the incident, the fire department having jurisdiction shall be responsible for completing and forwarding the written report;

(B)

Where no fire department unit has responded to the incident and where one or more law enforcement agency is at the scene, the first law enforcement agency to have arrived at the scene shall be responsible for completing and forwarding the written report;

(C)

Where no fire department unit or law enforcement agency has responded to the incident and where health professionals, including emergency medical technicians or ambulance personnel, are at the scene, the first health professional to arrive at the scene shall be responsible for completing and forwarding the written report; and

(D)

Where no fire department unit, law enforcement agency or health professional has responded to the incident, any other emergency service agency, including agencies of this state, who are at the scene shall confer and determine who shall be responsible for completing and forwarding the written report.

(2)

The written report required under section (1) of this rule should be submitted to the State Fire Marshal no later than ten working days after the incident occurs.

(3)

The following incidents are exempted from the reporting requirements of section (1) of this rule:

(a)

Motor fuels which are spilled in quantities of less than 42 gallons from a vehicle, unless it enters a waterway; or is determined to endanger the public safety or immediate or surrounding environment, including groundwater; or

(b)

Sewage overflows; or

(c)

Structure fires or other emergencies where hazardous substances are involved as exposures, if the quantities exposed are less than 42 gallons. This means that a Hazardous Materials Incident Report would not be required for a structure fire or other emergency if consumer quantities of hazardous substances did not directly relate to the cause of the emergency or to injuries or death. If these consumer quantities caused the incident or contributed to an injury or death, a written Oregon State Fire Marshal Hazardous Materials Incident Report would be required. As with any fire, a State Fire Marshal Fire Report is required.

Source: Rule 837-085-0380 — Incident Reporting System, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-085-0380.

837–085–0010
Authority and Application 837–085–0020
Purpose and Scope 837–085–0030
Covered Employers, Owners, Operators and the North American Industry Classification System (NAICS) 837–085–0040
Definitions 837–085–0050
Hazardous Substance Information Survey — General 837–085–0055
Hazardous Substance Report--General 837–085–0060
Hazardous Substance Report — Substance Determinations 837–085–0070
Hazardous Substance Report — Reportable Quantities 837–085–0080
Hazardous Substance Report— Required Survey Information 837–085–0090
Hazardous Substance Information — Reporting Requirements 837–085–0100
Hazardous Substance Report — Substantive Changes 837–085–0110
Record Keeping Requirements 837–085–0120
Application for an Exemption 837–085–0130
Administrative Action on Exemption Application 837–085–0140
Trade Secrets — General 837–085–0150
Trade Secrets — Claim Submissions 837–085–0160
Trade Secrets — Determinations and Response 837–085–0170
Trade Secrets — Disclosures 837–085–0180
Trade Secrets — Refusal to Disclose 837–085–0190
Hazardous Substance Report— Availability of Information 837–085–0200
Compliance Audit Program — General 837–085–0210
Scheduling and Selection of Compliance Audits 837–085–0220
Right of Entry 837–085–0230
Compliance Audit Warrants 837–085–0240
Compliance Audit Activities 837–085–0250
Notice of Noncompliance and Proposed/Final Penalty Assessment Order 837–085–0260
Employer, Owner, or Operator Response to Notices of Noncompliance 837–085–0270
Penalty Criteria for Noncompliance — General 837–085–0280
Noncompliance Classes 837–085–0290
Penalties for Class I, II and III Noncompliance 837–085–0300
Penalties for Class IV Noncompliance 837–085–0305
Penalties for Class V Noncompliance 837–085–0310
Penalty Suspensions 837–085–0320
Payment of Penalties 837–085–0330
Contested Case Process — General 837–085–0340
Requesting a Hearing 837–085–0350
Alternative Dispute Resolutions 837–085–0360
Formal Hearing 837–085–0370
Manifest Injustice 837–085–0380
Incident Reporting System 837–085–0390
Annual Summaries
Last Updated

Jun. 8, 2021

Rule 837-085-0380’s source at or​.us