May 2022

State Updates


Oregon issues temporary COVID-19 safety rule


Author: ADP Admin/Wednesday, December 2, 2020/Categories: Compliance Corner , State Compliance Update, Oregon

Oregon's Occupational Safety and Health Administration has enacted a temporary rule to help control the spread of COVID-19. The temporary rule is in effect from November 16, 2020 until May 4, 2021, unless extended. Below is an overview of the requirements.

Due Date

Summary of Requirements


Notification: Employers must createa process to notify, within 24 hours, an employee who had contact with someone at work who later tested positive for COVID-19.


Distancing & face coverings: Employers must ensure that employees remain at least six feet apart while performing their job duties, unless physical distancing is not feasible. Employers must also ensure everyone in the workplace wears a mask, face-covering, or face shield. Employers must provide masks, face covering or face shields for employees at no cost to the worker.


Cleaning: Employers must regularly clean all common areas, shared equipment, and high-touch surfaces that are used by employees or the public. Cleaning must occur at least every 24 hours in workplaces occupied less than 12 hours a day and at least every 8 hours in workplaces occupied for 12 or more hours a day. Employers must provide employees with sufficient hand-washing supplies and reasonable time to sanitize their work surfaces.


High-risk workplaces:There are additional rules for workplaces with exceptional exposure risks, including workplaces in which employees perform: direct patient care; direct client service in residential care or assisted living facilities; emergency responder activities; and personal care activities that involve very close contact with an individual. See thetemporary rulefor further guidance.


Posting: Employers must post aCOVID-19 Hazards Poster in a conspicuous area of the workplace and provide a copy to remote employees either electronically or by other effective means.


Risk assessment: Employers must conduct an exposure risk assessment involving participation and feedback from employees. The assessment must involve an analysis of, among other things, whether employees can work remotely, how job duties have been modified to account for social distancing, procedures for reporting COVID-19 symptoms, and engineering controls, such as ventilation and physical barriers. The state is expected to release a sample risk assessment template. Employers with more than 10 employees in the state must document their assessment in writing and make a copy accessible in the workplace.


Infection control plan: Employers must develop and implement an infection control plan based on the risk factors identified in their risk assessment. At a minimum, the plan must include a list of tasks requiring the use of personal protective equipment, how the company will ensure there's an adequate supply of face coverings, a list of hazard control measures implemented to minimize exposure to COVID-19, procedures used to communicate to employees about potential exposure, and how the company will provide workers with information and training on the requirements found in the temporary rule. Employers with more than 10 employees in the state must document their plan in writing and make a copy accessible in the workplace.


Training: Employers must train employees on physical distancing, face coverings, sanitation requirements, the signs and symptoms of COVID-19, and the company's COVID-19 reporting procedures. The state will release sample training materials. The training may be provided remotely.


Ventilation: Employers must optimize the amount of outside air that circulates through existing HVAC systems and ensure proper maintenance and cleaning of the systems.

Industry-specific requirements:

There are additional requirements for employers in the following industries (see the Appendices of the temporary rule for further information):

  • Restaurants, Bars, Brewpubs and Public Tasting Rooms at Breweries, Wineries and Distilleries
  • Retail Stores
  • Outdoor/Indoor Markets
  • Personal Services Providers
  • Construction Operations
  • Indoor and Outdoor Entertainment Facilities
  • Outdoor Recreation Organizations
  • Transit Agencies
  • Collegiate, Semi-Professional and Minor League Sports
  • Professional and PAC-12 Sports
  • Licensed Swimming Pools, Licensed Spa Pools and Sports Courts
  • Fitness-Related Organizations
  • K-12 Educational Institutions (Public or Private)
  • Early Education Providers
  • Institutions of Higher Education (Public or Private)
  • Veterinary Clinics
  • Fire Service and EMS
  • Law Enforcement
  • Jails and Custodial Institutions


Compliance Recommendations:

Oregon employers should review the temporary rule in full and ensure compliance with all applicable requirements. Please contact your dedicated service professional with any questions.

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Tags: 12/3/20

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