The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control 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. (1) Failing to use clean towels or linens for each client is a violation of OAR 817-010-0035(1) and failing to launder towels and linens as required is a violation of 817-010-0035(5):

   1. (a) 1st offense: $300;
   2. (b) 2nd offense: $500;
   3. (c) 3rd offense: $1000.

2. (2) Failing to store clean towels and linens in a clean area is a violation of OAR 817-010-0035(2):

   1. (a) 1st offense: $300;
   2. (b) 2nd offense: $500;
   3. (c) 3rd offense: $1000.

3. (3) Failing to immediately deposit all used towels with chemical residue in a closed, fire retardant container is a violation of OAR 817-010-0035(4):

   1. (a) 1st offense: $300;
   2. (b) 2nd offense: $500;
   3. (c) 3rd offense: $1000.

4. (4) Failing to deposit soiled towels in a covered container is a violation of OAR 817-010-0035(3):

   1. (a) 1st offense: $100;
   2. (b) 2nd offense: $200;
   3. (c) 3rd offense: $500.

Statutory/Other Authority

ORS 676.612, ORS 676.992, ORS 676.615 & ORS 690.167

Statutes/Other Implemented

ORS 676.612, ORS 676.992, ORS 676.615 & ORS 690.167

History

BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020
BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
BOC 2-2011, f. & cert. ef. 5-5-11
BOC 1-2006, f. & cert. ef. 3-15-06
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04
BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98
BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030
BH 3-1994, f. 6-23-94, cert. ef. 7-1-94
BH 2-1990, f. & cert. ef. 10-29-90
BH 1-1988, f. & cert. ef. 7-1-88
BH 1-1985, f. & cert. ef. 3-28-85