Oregon OSHA COVID-19 Temporary Rule for Workplaces
On November 6, 2020, the Oregon Occupational Safety and Health Administration (OSHA) released a Temporary Rule addressing COVID-19 Workplace Risks, which requires all Oregon employers comply with new OSHA COVID-19 related mandatory health and safety standards to combat the spread of the virus in the workplace.
The Temporary Rule provides two sets of workplace standards. One applies to all Oregon workplaces and the other includes more stringent requirements for workplaces that are considered at “exceptional risk,” which include workers that provide direct patient care, environmental decontamination services in a healthcare setting, direct client service in assisted living facilities, and personal care activities.
In addition, the Temporary Rule includes Mandatory Workplace Guidance for 19 categories of specific industries and activities such as retail, restaurants, outdoor and indoor markets and entertainment facilities, outdoor recreation organizations, public and private K-12 educational institutions, and more. There are also additional requirements for building operators as to the common areas of their buildings.
The major areas of compliance and their deadlines are listed below:
Sanitation and Safety in the Workplace
Effective November 16, 2020, all workplaces in Oregon must:
Ensure 6-foot physical distancing between all individuals by implementing workflow/ work activity design, unless it can be shown that it is not feasible for certain activities;
Require masks, face coverings, or face shields in the workplace by all individuals (including customers and vendors) in shared indoor work settings; outdoors whenever a 6-foot distance cannot be maintained; and when employees are transported in a vehicle, unless everyone is from the same household or wearing respirators (Note: Reasonable accommodation for those unable to wear a face covering, mask or shield must be provided under applicable state and federal laws);
Provide masks, face coverings, or face shields to employees free of charge;
Clean or sanitize all common areas, shared equipment and high touch surfaces every 24 hours or 8 hours, depending on how often the area is utilized;
Provide employees with disinfectant and hand washing supplies, and time to sanitize and perform hand hygiene more frequently;
Maximize the effectiveness of current HVAC systems by frequent replacement of air filters;
Post OSHA signs on COVID-19 hazards; and
Implement processes to notify employees when they have had work-related contact with someone who has tested positive for COVID-19 within 24 hours of learning of the positive test result.
Employer’s Obligation to Assess, Communicate, Plan and Train
All employers in Oregon must conduct a COVID-19 exposure risk assessment and implement an infection control plan by December 7, 2020. Workplaces with more than 10 employees or are at “exceptional risk” must document their COVID-19 exposure risk assessment and infection control plan in writing and ensure their employees have access to a copy in the workplace.
Exposure Risk Assessment: Must address several specific categories of questions. For example, this includes questions such as whether employees can work remotely, how workplace modifications can achieve sufficient physical distancing and ventilation optimization to minimize exposure; and how employees have been informed of workplace policies. The assessment may differ based on facility and/or job descriptions, which means employers must complete multiple assessments. Furthermore, the assessment must include adequate participation and feedback from employees.
Infection Control Plan: Must cover 6 required elements. For example, this includes identifying procedures to ensure an adequate supply of masks or face coverings, a description of specific hazard-control measures implemented, and the procedure employer will use to communicate employee’s workplace exposure to COVID-19. The infection control plan must be specific to the type of work performed by employees on a facility-by-facility basis, or if multiple facilities are similar, by facility type – meaning many employers will be completing multiple plans. In addition, employers must provide specific information and training regarding COVID-19 to its employees by December 21, 2020; and the training must include an opportunity for employee feedback and cover at least 10 topics listed in the regulations. Oregon OSHA will provide sample training materials to help with some of the components.
Supplemental Requirements for Exceptional Risk Workplaces
Finally, the Temporary Rule imposes additional requirements for workplaces at “exceptional risk,” including settings where employees perform direct patient care in healthcare settings, direct client service in residential care or assisted living facilities, or in-home care. These regulations include:
Additional infection control training that allows for live (whether in person or remote) so that employees may ask questions in the moment and allow immediate response;
Additional infection control plan requirements;
Additional requirements for sanitation, personal protective equipment, and ventilation;
Additional physical, barrier and partition measures with respect to individuals known or suspected to be infected with COVID-19; and
Screening requirements for individuals entering a healthcare setting.
Next Steps
Many employers have already put into place COVID-19 workplace measures and protocols and are continually updating their processes. Employers should be aware of the following upcoming deadlines and take the necessary steps to satisfy the requirements to avoid potential OSHA complaints or even penalties:
December 7, 2020
Conduct COVID-19 exposure risk assessment
Create and implement infection control plan
December 21, 2020
Provide information and training re: COVID-19 to employees.
Exceptional Risk Workplaces: provide employees with infection control training.
January 6, 2021
Optimize outside air circulated through existing HVAC systems.
April 19, 2021
Target date for a permanent Airborne Infectious Disease in the Workplace Rule.
May 4, 2021
Expiration of OAR 437-001-0744, unless revised or repealed.
The facts, laws and regulations related to COVID-19 are constantly changing, and there may be new or additional information not referenced in this reminder. Please contact us if you have additional questions or need guidance on the upcoming deadlines.