Oregon Administrative Rules
Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION
Division 29 - ADOPT-A-HIGHWAY PROGRAM
Section 734-029-0040 - Specific Requirements
Universal Citation: OR Admin Rules 734-029-0040
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Applicant and Participant Responsibilities:
(a) The Applicant will be responsible and
liable for the care, control, supervision and assurance of safety of all
Participants. Each Participant will be required to execute a Department
liability release form reflecting awareness and acknowledgement of the
potentially hazardous nature of the work involved;
(b) The Applicant and each Participant must
comply with and abide by all laws, rules, and regulations relating to safety
and use of the highway, and such other terms and conditions as may be required
in the Permit. The Applicant or individual Participants may be excluded from
participation or the permit canceled, at the discretion of the DM for violation
of the terms of the Permit or Division 29 rules;
(c) The Applicant will provide adult
supervision at the work site by at least one Participant over 18 years of age.
Each Participant must be at least 16 years of age. Presence at the work site of
individuals under 16 years of age is not allowed;
(d) The Applicant and each Participant must
review the safety information provided by the Department at least once a year
prior to participating in the actual work;
(e) The Applicant is to pick up litter at
least four times a year; noxious weeds are to be removed at least two times a
year. This frequency may be increased by written notice of the DM dependent on
condition and appearance of the highway section;
(f) If maintenance of landscape improvements,
or graffiti removal are included as a planned work activity, the scope of work
and specific requirements and limitations will be agreed to by the Applicant
and the DM, and identified in the permit;
(g) Supplies, materials, and work area signs
furnished by the DM on behalf of the Department will be obtained from and
returned to the DM during regular business hours. The Applicant may furnish its
own additional supplies for its exclusive use such as a first-aid kit and
drinking water.
(h) The Applicant
will be responsible for appointing or selecting a spokesperson to act as the
representative of the Applicant in matters relating to the Permit. The
Applicant or its spokesperson is responsible for assuring compliance by
Participants with safety procedures, proper Participant clothing and footwear,
proper parking of vehicle(s) along the highway, arranging transportation of the
Participants to and from the work site, notifying the DM of the location of
large, heavy, or potentially hazardous items found along the highway, checking
out and returning supplies provided by the Department, and assuring that a
signed liability release has been provided to the Department for each
Participant;
(i) The Applicant will
be responsible for placing litter and noxious weeds in trash bags furnished by
the DM and conducting other work activities as described in the
Permit.
(j) Vehicles used by the
Applicant to transport Participants to and from the work site must be parked so
as not to create a hazard to motor vehicle traffic or interfere with the
regular maintenance of the roadway. Vehicles must be moved by the Applicant
upon request of the DM or law enforcement personnel.
(2) Department Responsibilities:
(a) The DM will consult with an Applicant to
determine the specific section of highway to be adopted;
(b) The DM will furnish work area signs,
trash bags, reflective vests, colored flags to mark large, heavy or potentially
hazardous litter, and safety awareness information for Applicant safety
meetings;
(c) The DM will furnish
and erect two acknowledgement signs, one at each end of the adopted highway
section, with the Applicant's name or acronym displayed. When the section of
highway adopted is not linear to the highway a lesser number of signs may be
placed;
(d) If the Department
determines that the sign(s) would create an unsafe condition for persons using
the highway, it may choose not to erect the sign(s). Acknowledgement signs that
are repeatedly vandalized or stolen may not be replaced at the discretion of
the DM;
(e) The DM will be
responsible for removal of litter that is large, heavy or potentially hazardous
that has been flagged by the Applicant. The removal and disposal of filled
litter bags, landscape debris, and noxious weeds will be as described in the
Permit.
Stat. Auth.: ORS 184.616, 184.619, 366.158
Stats. Implemented: ORS 366.158
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