{"id":"DUT-OR-011","kind":"duty","level":"state","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services","authority":"ORS 654.010, 654.022, 654.025; Executive Order 20-27 para. 4 and 26 (Ex. OR-020); OHA Statewide Mask, Face Shield, Face Covering Guidance (Ex. OR-025)","instrument":"Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority \u0027Statewide Mask, Face Shield, Face Covering Guidance\u0027 (issued June 27, 2020; revised June 30, 2020)","title":"Business/Employer Enforcement of the Oregon Health Authority \u0027Statewide Mask, Face Shield, Face Covering Guidance\u0027","dateIssued":"2020-06-27","effective":"2020-07-01 (with the statewide indoor face-covering requirement made mandatory by EO 20-27 para. 4 and the OHA guidance, Ex. OR-020, OR-025)","end":"OHA face-covering guidance rescinded effective June 30, 2021 (EO 21-15, Ex. OR-043); the memo\u0027s subject revived by OAR 333-019-1025 and AO 10-2021 on Aug. 13, 2021 (Ex. OR-048, OR-049; DUT-OR-013)","startDate":"2020-07-01","endDate":"2021-06-30","quarters":["2020Q3","2020Q4","2021Q1","2021Q2"],"types":["MASK","EMP","COND"],"addressees":["employers; owners or persons in control of premises (\u0027a business or other responsible for indoor spaces\u0027); specified businesses open to the public"],"clause":"The State of Oregon recognizes the challenges created by the guidance that directs businesses and others responsible for indoor spaces to require employees, contractors, volunteers, customers and visitors to wear a mask, face shield, or face covering. In implementing the requirement..., Oregon OSHA expects a business or other responsible for indoor spaces to take the following measures","enforcement":"The OHA guidance was a public health law enforceable under ORS 431A.010 (civil penalty up to $500 a day) and ORS 401.990 (EO 20-27 para. 26, Ex. OR-020); Oregon OSHA enforced face-covering failures under the Safe Employment Act (DUT-OR-014) and, from Nov. 16, 2020, under OAR 437-001-0744(3)(b) (Ex. OR-032).","functions":[],"notes":"Stated Oregon OSHA\u0027s enforcement expectations for the mandatory OHA requirement that businesses require face coverings of employees and customers: an employee encountering an uncovered customer \u0027should politely draw the customer or visitor\u0027s attention to the public health requirement,\u0027 \u0027should politely inquire\u0027 whether a medical condition or disability prevents wearing one and offer an accommodation, and a customer who refuses \u0027should be politely told that the employer cannot serve them and that they need to leave the premises,\u0027 while the items labeled \u0027Best Practice\u0027 (greeters, a supply of disposable coverings, loaner face shields, outside-shopping options) are recommendations and are recorded as such; the mandatory character of the underlying requirement comes from EO 20-27 para. 4 (\u0027businesses must comply with any applicable OHA guidance, including... face coverings guidance\u0027) and the OHA guidance\u0027s \u0027are required to\u0027 (Ex. OR-020, OR-025).","sourceUrl":"https://osha.oregon.gov/Documents/COVID19-Face-Covering-Advisory-Memo.pdf","snapshot":"https://web.archive.org/web/20200701232606/https://osha.oregon.gov/Documents/COVID19-Face-Covering-Advisory-Memo.pdf","fileExists":true,"fileBytes":627131,"grade":"primary","character":"guidance_incorporated","description":"","collection":"DUT-OR","url":"/library/DUT-OR-011","exhibitUrl":"/exhibit/DUT-OR-011","citation":"Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority \u0027Statewide Mask, Face Shield, Face Covering Guidance\u0027 (issued June 27, 2020; revised June 30, 2020) (Ex. DUT-OR-011)","stateName":"Oregon","related":["OR-043","OR-048","OR-049","DUT-OR-013","OR-020","OR-025","DUT-OR-014","OR-032"]}