Oregon's Occupational Safety and Health Administration (OSHA) has published a final rule that requires employers to follow certain safety protocols to stop the spread of COVID-19.
Background:
Previously, Oregon published a temporary rule to help control the spread of COVID-19. The temporary rule was in effect through May 4, 2021. The final rule adds and extends certain safety provisions from the temporary rule. The final rule will remain in effect until the state determines it is no longer necessary to address the COVID-19 pandemic and repeals it.
New requirements:
The final rule added several provisions, including but not limited to:
- Clarification that employers who completed actions under the temporary rule, such as training, exposure risk assessments, infection control plans, or posting requirements, do not need to revise or repeat these actions if they had acted in compliance with the temporary rule;
- Employees in quarantine or isolation for COVID-19 must be allowed to work at home if suitable work is available for them and their condition does not prevent it;
- Employers must notify employees who quarantine or isolate of their right to return to their job (as long as it's available) when their quarantine or isolation period ends. This notification must be in writing;
- Employers with more than 10 employees statewide and an existing HVAC system must certify in writing that they're operating that system in accordance with the rule. Such certifications can be made using the sample format provided by Oregon. This may be done using Oregon OSHA‘s sample format or by other means.
Extended requirements:
Under the final rule, employers must continue the following protocols from the temporary rule:
- Establish a process to notify their employees of potential workplace COVID-19 exposure within 24 hours;
- Notify both employees who were within six feet of someone who tested positive for COVID-19 for a cumulative total of 15 minutes and employees who worked in the same facility or a well-defined portion of the facility. They may also continue to rely on Oregon OSHA's model policy for this purpose;
- Continue to follow the exceptional risk workplace and industry-specific guidelines *
* Note: While the final rule also required employees and visitors to continue physical distancing and use face masks in the workplace, Oregon Governor Kate Brown recently signed Executive Order No. 21-15, which lifted the statewide mask mandate and requirements for physical distancing indoors, effective June 30, 2021. In following the Executive Order, OR OSHA lifted workplace rules that required masks and physical distancing on June 30, 2021.
Compliance Recommendations:
Oregon employers should review the final rule in full and ensure compliance with all applicable requirements. Please contact your dedicated service professional with any questions.