Hazardous Substances

ORS 453.307
Definitions for ORS 453

As used in ORS 453.307 (Definitions for ORS 453) to 453.414 (Exemption for local government):

(1)

“Community right to know regulatory program” or “local program” means any law, rule, ordinance, regulation or charter amendment established, enforced or enacted by a local government that requires an employer to collect or report information relating to the use, storage, release, possession or composition of hazardous substances and toxic substances if a primary intent of the law, rule, ordinance, regulation or charter amendment is the public distribution of the information.

(2)

“Emergency service personnel” includes those entities providing emergency services as defined in ORS 401.025 (Definitions for ORS chapter 401).

(3)

“Employer” means:

(a)

Any person operating a facility that is included in one or more of the 21 standard industrial classification categories in Appendix B of the Natural Resources Defense Council v. Train Consent Decree of June 8, 1976 (8 E.R.C. 2120); or

(b)

Any person operating a facility designated by the State Fire Marshal.

(4)

“Fire district” means any agency having responsibility for providing fire protection services.

(5)

“Hazardous substance” means:

(a)

Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal;

(b)

Any substance for which a material safety data sheet is required by the Director of the Department of Consumer and Business Services under ORS 654.035 (Scope of rules and orders) and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienists; or

(c)

Radioactive waste and material as defined in ORS 469.300 (Definitions) and radioactive substance as defined in ORS 453.005 (Definitions for ORS 453).

(6)

“Health professional” means a physician licensed under ORS chapter 677, naturopathic physician licensed under ORS chapter 685, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees), registered nurse, industrial hygienist, toxicologist, epidemiologist or emergency medical services provider.

(7)

“Law enforcement agency” has the meaning given that term in ORS 181A.010 (Definitions for ORS 181A).

(8)

“Local government” means a city, town, county, regional authority or other political subdivision of this state.

(9)

“Person” includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agency thereof, and the federal government and any agency thereof.

(10)

“Trade secret” has the meaning given that term in ORS 192.345 (Public records conditionally exempt from disclosure) (2). [1985 c.726 §1; 1987 c.259 §5; 1991 c.956 §14; 1993 c.187 §25; 1999 c.1089 §5; 2005 c.825 §17; 2011 c.703 §42; 2014 c.45 §64; 2017 c.356 §74]
Source

Last accessed
Mar. 11, 2023

REMOVE ADS