OAR 817-090-0115: Schedule of Penalties for Chemical Use and Storage Violations

The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of chemical use and storage laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply. (1) Failing to store chemicals safely to avoid fire, explosion and/or bodily harm to clients and authorization holders is a violation of OAR 817-060-0020(3): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (2) Failing to mix chemicals in a dispensing area is a violation of OAR 817-060-0030(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (3) Mixing or using chemicals near an open flame or other potential source of ignition is a violation of OAR 817-060-0030(1): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000. (4) Having an open flame at the workstation, during any phase of chemical service, i.e. mixing, application, processing, or use of any potentially explosive or flammable chemical, in relation to performing services is a violation of OAR 817-060-0030(4)(d): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1000.