Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Statutory/Other Authority: ORS
329A.260
Statutes/Other Implemented: ORS
329A.260
