Oregon Statutes 401.239 – Critical service providers; credentialing; rules
(1) As used in this section, ‘critical service provider’ means an individual:
Terms Used In Oregon Statutes 401.239
- Contract: A legal written agreement that becomes binding when signed.
- Emergency: means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:
(a) Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS § 466. See Oregon Statutes 401.025
- Emergency service agency: means an organization within a local government that performs essential services for the public's benefit before, during or after an emergency, such as law enforcement, fire control, health, medical and sanitation services, public works and engineering, public information and communications. See Oregon Statutes 401.025
- Emergency services: means activities engaged in by state and local government agencies to prepare for an emergency and to prevent, minimize, respond to or recover from an emergency, including but not limited to coordination, preparedness planning, training, interagency liaison, fire fighting, oil or hazardous material spill or release cleanup as defined in ORS § 466. See Oregon Statutes 401.025
(a) Who has received credentials under this section and who is employed by, or is acting pursuant to a contract under the direction of, an organization deemed by the Oregon Department of Emergency Management to be critical to emergency response operations in Oregon; and
(b) Who is:
(A) Maintaining, including repairing or resupplying, critical infrastructure equipment or systems;
(B) Maintaining continuity of operations of the individual’s organization;
(C) Supporting emergency response activities; or
(D) Providing technical support services to another critical service provider.
(2) Unless prohibited by state or federal law or in the discretion of the incident commander during a state of emergency declared under ORS § 401.165, a critical service provider may:
(a) Travel on public roads within a geographic area subject to a declaration of a state of emergency under ORS § 401.165;
(b) Access the geographic area for a purpose described in subsection (1)(b) of this section; and
(c) Access the distribution of fuel, food, water, supplies, equipment and any other materials necessary to carry out a purpose described in subsection (1)(b) of this section.
(3) An emergency service agency may not seize a vehicle, fuel, food, water or other essential materials in the possession of a critical service provider.
(4) The department may establish sector-specific programs for the credentialing of individuals as critical service providers. Such programs must inform critical service providers about:
(a) Risks associated with entering a geographic area subject to a declaration of a state of emergency under ORS § 401.165;
(b) Best practices for working safely in the geographic area; and
(c) Best practices for working in a geographic area without hindering or interfering with the conduct of emergency services by an emergency service agency.
(5) The department may authorize one or more private entities organized under the laws of this state to establish sector-specific programs for the credentialing of individuals as critical service providers, subject to the following requirements:
(a) The department may authorize a private entity under this subsection only if the entity represents a majority of owners and operators in the sector for which the entity will establish a credentialing program.
(b) A program established under this subsection must meet the requirements set forth in subsection (4) of this section.
(c) An entity authorized by the department under this section to establish a credentialing program shall annually submit to the department a report regarding the operation of the program, including any changes to the program.
(6) The department may adopt rules to administer and implement the provisions of this section. [2015 c.151 § 2; 2021 c.270 § 1; 2021 c.539 § 34a]
[1981 c.763 § 9; 1983 c.586 § 35; renumbered 401.435]
[1981 c.763 § 10; 1983 c.586 § 36; renumbered 401.445]
[1981 c.763 § 11; 1983 c.586 § 37; renumbered 401.455]
[1981 c.763 § 12; 1983 c.586 § 38; renumbered 401.465]
(Oregon Safety Assessment Program)