Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

DAR File No. 30180
NOTICES OF PROPOSED RULES
smoke detector, and one fully charged fire extinguisher on each level
of each building.
(4) A program shall place all hazardous chemicals and
materials, including but not limited to poisonous substances,
explosive or flammable substances, and cleaning supplies, in locked
storage when not in active use.
(a) Hazardous chemicals and materials shall be stored in:
(i) the manufacturer's original packaging together with the
manufacturer's directions and warnings; or
(ii) a container that complies with the manufacturer's directions
and warnings and is clearly labeled with the contents, manufacturer's
directions and warnings.
(b) Flammable substances, including but not limited to
gasoline, kerosene, and propane, shall be locked in a ventilated
storage area or OSHA approved storage cabinet separate from office
and living areas.
(c) Except as provided by Subsections R501-2-15(4)(c)(i)
through (iii), a client shall have no access to any hazardous
chemicals or materials, including but not limited to poisonous
substances, explosive or flammable substances, and cleaning
supplies, unless the client is directly supervised by staff.
(i) A program may assess a client and provide unsupervised
access to a hazardous chemical or material only after the client
demonstrates the ability to use the hazardous chemical or material
safely.
(ii) A client's individual assessment shall provide a detailed
description of the assessment and shall be signed and dated by the
direct care staff performing the assessment.
(iii) A client's assessment shall be filed in the client's
individual file.
(5) A program that permits any person to smoke or use tobacco
products shall:
(a) have and comply with a smoking and tobacco products
policy;
(b) prohibit smoking and the use of tobacco products by or in
the presence of a child;
(c) prohibit smoking and the use of tobacco products in any
enclosed area; and
(d) comply with the Utah Clean Air Act.
(6) A program that provides food for its clients shall comply
with Rule 70-530 Food Protection.
(7) A program that provides food for its clients shall not serve
and shall promptly dispose of food:
(a) after the expiration date on the food package;
(b) after the "best used by" date on the food package;
(c) two weeks after the "sell by" date on the food package;
(d) infested with insects or vermin;
(e) that looks or smells spoiled or moldy; or
(f) in a can that has any damage to its seams, has rust, or is
bulging.
(8) A program shall have policies and procedures that describe
which animals are permitted or restricted on-site.
(a) Animals that are owned, sheltered or fed by the program, or
whose freedom to leave the program site is restricted, shall be free
from disease and cared for in a clean, safe, and humane manner.
(b) A program shall maintain a file documenting the health of
each animal on site. The file shall include written verification of
each animal's current vaccinations in accordance with the law and
veterinary recommendations, health care, health history, and any
incidents involving aggression by the animal.
(c) A program shall provide and document staff training and
client training regarding the risks, proper feeding, cleaning shelter
and handling of each individual animal prior to permitting any
contact with that animal.
(d) A program shall immediately isolate an animal that bites or
attacks any person and causes an injury, and shall report an incident
to local animal control authorities within 24 hours.
R501-2-16. Weapons.
(1) Dangerous weapons shall be inaccessible to clients, except
as specifically authorized in the program's written policy and
procedures manual.
(a) The program shall take into consideration common
household items that may be used as a weapon.
(b) A program's manual shall describe which weapons are
permitted and which are prohibited on site, and shall also describe
how weapons shall be stored, and the circumstances under which
they may be accessible to clients.
(i) The determination of permitted and prohibited weapons
shall be made in accordance with the age and behavioral
characteristics of the client population served.
R501-2-17. Transportation.
The program shall have a written policy and procedures
regarding transporting clients, which shall include:
(a) each occupant of any vehicle transporting a client shall
have and use a properly functioning seat belt;
(b) a client shall not be transported in the bed of any vehicle;
and
(c) a client shall not be permitted to transport another client
unless the client who is driving is the parent or spouse of the client
being transported.
(2) An adult client in an adult treatment program may transport
another adult client in the program if:
(a) the program has and complies with a written policy and
procedures that address safety factors, including but not limited to its
clients' presenting problems, risk to other clients, staff and the
community, age, maturity, and behavior;
(b) the client driver first submits a current driver license and
annual Department of Public Safety driving record to the program,
to be retained in the client file, which indicate the client's license is
currently valid; and
(c) the passenger voluntarily consents in writing to being
transported by a client driver.
(3) A program's minimum staff to client ratios, as described in
that program's categorical rules, shall be maintained while
transporting clients;
(a) staff who are off-site providing transportation services shall
not be counted when determining program compliance with on-site
staff to client ratios; and
(b) staff shall not transport any client on a motorcycle or farm
machinery, as those terms are defined in Title 53.
(4)(a) The program shall maintain on-site a copy of the current
registration and insurance verification records for each vehicle,
including a privately owned vehicle, it uses to transport a client.
(b) Insurance records for a privately owned vehicle used to
transport a client shall document that the policy includes coverage
for transportation of clients.
(5) A vehicle used to transport a client shall be maintained in a
safe condition.
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