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Oregon OSHA issues extensive COVID-19 rule

December 2020 employment law letter
Authors: 
Calvin L. Keith, Perkins Coie LLP

A temporary COVID-19 rule issued by the Oregon Occupational Safety and Health Administration (OSHA) creates new requirements for employers in the state.

General requirements

Oregon OSHA has issued a temporary rule in response to the COVID-19 crisis. It went into effect on November 16, although many of the requirements have a later effective date.

Many restrictions in the rule have been contained in U.S. Centers for Disease Control and Prevention (CDC) guidance for a while. For example, you must modify workplaces to allow social distancing of at six feet unless it’s just not feasible.

All employees in the workplace must wear a mask, face covering, or shield (although face shields aren’t recommended unless necessary as an accommodation) in all indoor settings  unless they're in a private, individual workspace not shared with other people. Masks also must be worn whenever workers can't socially distance outside. When employees are in a vehicle, they all must wear masks or respirators. You must provide the facial coverings at no cost but may allow employees to wear their own masks.

You must regularly sanitize all common areas, shared equipment, and high-touch surfaces at least once every 24 hours. If the workplace is occupied more than 12 hours a day, it must be sanitized twice with cleanings separated by at least eight hours. There are exceptions for minimally staffed workplaces. You must provide employees with supplies necessary to sanitize more frequently if they choose to do so and provide adequate equipment for hand hygiene.

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