Oregon’s prohibition on self-service dispensing of gasoline

https://www.oregonlaws.org/ors/480.315

by apsec112 • 7 years ago

9 8 7 years ago

c3534l• 7 years ago

Exposure to toxic fumes represents a health hazard to customers dispensing Class 1 flammable liquids

We're not okay with small doses of gasoline fumes to customers, but totally okay with sustained exposure to gasoline fumes to workers in massive, occupational quantities?

Here's another terrible argument:

The dangers of crime and slick surfaces described in subsection (3) of this section are enhanced because Oregon’s weather is uniquely adverse

Oregon's weather is unusually mild for the United States! Sure, when you compare it to the Mediterranean climate of California it's got distinct seasons and all that. But the weather conditions in at least the Portland area are nothing compared to basically anywhere on the east coast or great lakes region.

The typical practice of charging significantly higher prices for full-service fuel dispensing in states where self-service is permitted at retail:
(a) Discriminates against customers with lower incomes, who are under greater economic pressure to subject themselves to the inconvenience and hazards of self-service;

So we're going to just force poor people to pay more for gas. You know, so we don't discriminate against them by "subjecting themselves" to pumping their own gas.

Most of these justifications are condescending and outright insulting to the citizens of Oregon.

FisDugthop• 7 years ago

You're entirely correct. As an Oregonian, there's really only one reason that I enjoy this law: https://www.youtube.com/watch?v=NjhhkuvTq9g

(If you're not able to watch videos right now, this is a video of a person using a plastic bag as a gasoline container at a self-service station.)

michaelmrose• 7 years ago

%s/gas dispensing/bathing/g

The Legislative Assembly declares that, except as provided in ORS 480.345 (Conditions for operation of dispensing device by certain nonretail customers) to 480.385 (Civil penalty for soap dispensing law violations), it is in the public interest to maintain a prohibition on the self-service dispensing of shampoo at retail. The Legislative Assembly finds and declares that:

(1) The dispensing of shampoo by dispensers properly trained in appropriate safety procedures reduces slip and fall hazards directly associated with the dispensing of shampoo;

(2) Appropriate safety standards often are unenforceable at retail self-service stations in other states because cashiers are often unable to maintain a clear view of and give undivided attention to the dispensing of shampoo by customers;

(3) Higher liability insurance rates charged to retail self-service stations reflect the dangers posed to customers when they leave their vehicles to dispense shampoo, such as the increased risk of crime and the increased risk of personal injury resulting from slipping on slick surfaces;

(4) The dangers of crime and slick surfaces described in subsection (3) of this section are enhanced because your bathroom is uniquely adverse, causing wet floors and reduced visibility;

(5) The dangers described in subsection (3) of this section are heightened when the customer is a senior citizen or has a disability, especially if the customer uses a mobility aid, such as a wheelchair, walker, cane or crutches;

(6) Attempts by other states to require the providing of aid to senior citizens and persons with disabilities in the self-service dispensing of shampoo at retail have failed, and therefore, senior citizens and persons with disabilities must pay the higher costs of full service;

(7) Exposure to eye irritants represents a health hazard to customers dispensing shampoo;

(8) The hazard described in subsection (7) of this section is heightened when the customer is pregnant;

(9) The exposure to shampoo through dispensing should, in general, be limited to as few individuals as possible, such as bathroom owners and their employees or other trained and certified dispensers;

(10) The typical practice of charging significantly higher prices for full-service fuel dispensing in states where self-service is permitted at retail:

(a) Discriminates against customers with lower incomes, who are under greater economic pressure to subject themselves to the inconvenience and hazards of self-service;

(b) Discriminates against customers who are elderly or have disabilities who are unable to serve themselves and so must pay the significantly higher prices; and

(c) Increases self-service dispensing and thereby decreases maintenance checks by attendants, which results in neglect of maintenance, endangering both the customer and other motorists and resulting in unnecessary and costly repairs;

(11) The increased use of self-service at retail in other states has contributed to diminishing the availability of automotive repair facilities at bathrooms;

(12) Self-service dispensing at retail in other states does not provide a sustained reduction in shampoo prices charged to customers;

(13) A general prohibition of self-service dispensing of shampoo by the general public promotes public welfare by providing increased safety and convenience without causing economic harm to the public in general;

(14) Self-service dispensing at retail contributes to unemployment, particularly among young people;

(15) Self-service dispensing at retail presents a health hazard and unreasonable discomfort to persons with disabilities, elderly persons, small children and those susceptible to respiratory diseases;

(16) The federal Americans with Disabilities Act, Public Law 101-336, requires that equal access be provided to persons with disabilities at retail bathrooms; and

(17) Small children left unattended when customers leave to bathe creates a dangerous situation. [1991 c.863 §49a; 1999 c.59 §160; 2007 c.70 §276]

TheAdamist• 7 years ago

New Jersey also does not allow self serve gas.

Full serve works fine for me, and paying cash is easier than having to go inside to pay.

jawns• 7 years ago

Why can't the legislators at least be honest and say they're maintaining this rule, abandoned by every other state except New Jersey, not because of any compelling public interest but because of industry lobbying?

faster• 7 years ago

Is it industry lobbying, or is it a jobs program for unskilled workers? How many people are employed pumping gas? What would it do to statewide employment stats if 80% of those people were no longer needed in those jobs?

The argument used to be highway safety; if your tire pressures are correct and your windshield is clean, you're safer on the road. Of course "not self service' is not equal to 'full service' so those things don't happen very often.

loco5niner• 7 years ago

Wow, I think I have had my tire pressure checked by a gas station attendant exactly 0 times (Portland, OR resident for 30+ years), and had my windshield cleaned less than 4 times in my life.

jmpman• 7 years ago

I haven’t seen a full service offering at any gas station in the last 5 years. The disabled and elderly just press a button for assistance.

Oregon’s prohibition on self-service dispensing of gasoline

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