On November 6, 2020, Oregon OSHA released a temporary workplace safety rule prompted by the COVID-19 pandemic. The rule is effective on November 16, 2020 and will remain in effect until May 4, 2021, unless it is revised or repealed. In previous announcements, OR-OSHA had also indicated a plan to develop a permanent rule related to infectious diseases in the workplace. At this time, a specific timeline for such a permanent rule has not been detailed.
 
The new temporary rule generally reflects pandemic safety recommendations previously released by the Oregon Health Authority (OHA), such as social distancing and masking. However, other provisions add additional layers of infection control, required notices to employees, as well as requirements to assess and monitor COVID-19 exposure risk.

These provisions are new to Oregon employers and will require quick action and planning. Most of the compliance deadlines for the new rule occur before the end of 2020.

OR-OSHA has announced that it will provide resources for both businesses and workers to understand the requirements. The agency issued the following summary of significant provisions:

Physical distancing

• Employers must ensure six-foot distancing between all people in the workplace through design of work activities and workflow, unless it can be shown it is not feasible for some activities.

• Employers must ensure that all individuals – including employees, part-time workers, and customers – wear a mask, face covering, or face shield in line with the Oregon Health Authority’s statewide guidance, at the workplace or other establishment under the employer’s control.
• Employers must provide masks, face coverings, or face shields for employees free of cost.
• If an employee chooses to wear a mask, face shield, or face covering – even when it is not required – the employer must allow them to do so.
• When employees are transported in a vehicle for work-related purposes, regardless of the travel distance or duration, all people inside the vehicle must wear a mask, face covering, or face shield. This requirement does not apply when all people in the vehicle are members of the same household.

• Employers must maximize the effectiveness of existing ventilation systems, maintain and replace air filters, and clean intake ports providing fresh or outdoor air. The temporary rule does not require employers to purchase or install new ventilation systems.

• Employers must conduct a risk assessment – a process that must involve participation and feedback from employees – to gauge potential employee exposure to COVID-19, including addressing specific questions about how to minimize such exposure.

• Employers must develop an infection control plan addressing several elements, including when workers must use personal protective equipment and a description of specific hazard controls.

• Employers must provide information and training to workers about the relevant topics related to COVID-19. They must do so in a manner and language understood by workers.

• Employers must notify affected workers within 24 hours of a work-related COVID-19 infection.
• Employers must cooperate with public health officials if testing within the workplace is necessary.
• If an employee must quarantine or isolate, the employer must follow proper work reassignment and return-to-work steps.

• Detailed infection control training and planning
• Sanitation procedures for routine cleaning and disinfection
• Robust use of personal protective equipment
• Operation of existing ventilation systems according to national standards
• Use of barriers, partitions, and airborne infection isolation rooms
• Screening and triaging for symptoms of COVID-19

• This plan must include employee feedback.
• For employers with 10 or more employees the plan must be in writing.
• If the employer has multiple facilities or sites, a plan must be developed for each facility or site.

• This plan must also include employee feedback.
• For employers with 10 or more employees the plan must be in writing.
• If the employer has multiple facilities or sites, a plan must be developed for each facility or site.

3) Inform and train ALL EMPLOYEES about certain aspects of the new rules no later than December 21st, 2020. This training will need to include components of your Exposure Risk Assessment and Infection Control Plans.

UEA President Dan Blair served on the General Industry Infectious Disease Rulemaking Advisory Committee. In that capacity, he solicited feedback from UEA member organizations on the initial draft rule developed by OR-OSHA. UEA would like to thank its members for this helpful feedback, which was submitted to OR-OSHA and was instrumental in the removal of several provisions whose operational and financial impact to employers outweighed the effectiveness of the rule in keeping employees safe.