{"id":"DUT-OR-015","kind":"duty","level":"state","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon OSHA, Department of Consumer and Business Services","authority":"Oregon Safe Employment Act, ORS 654.010, 654.022, 654.025(3) (enforcement of other agencies\u0027 rules involving worker exposure); OAR 437-001-0760(1) (Rules for all Workplaces); Executive Orders 20-07 and 20-12 (Ex. OR-003, OR-007)","instrument":"Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division\u0027s (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (updated Mar. 27, 2020): the agency\u0027s statement of the employer\u0027s statutory duty and of its authority to enforce the Governor\u0027s executive orders at the workplace","title":"Questions and Answers Regarding the Oregon Occupational Safety and Health Division\u0027s (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (Scope of Oregon OSHA COVID-19 Activity; Expectations of Businesses and other Employers)","dateIssued":"2020-03-27","effective":"2020-03-27","end":"superseded as the orders changed (EO 20-25, May 14, 2020); the statement of statutory duty and enforcement authority standing","startDate":"2020-03-27","endDate":"2020-05-14","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMP","DUTY","CLOSE","TELE"],"addressees":["employers generally (\u0027All employers in Oregon\u0027); the businesses closed to the public by EO 20-12 para. 2; offices (telework prohibition); child care facilities"],"clause":"All employers in Oregon are required by the Oregon Safe Employment Act (OSEA) to provide a safe and healthful workplace for their employees, regardless of the industry type or job function.... Oregon OSHA believes that it has the authority to enforce the requirements of the executive order(s) as they relate to potential worker exposure to COVID-19.","enforcement":"Enforcement under the Safe Employment Act (ORS 654.071 citations, 654.086 civil penalties) of both Oregon OSHA rules and the Governor\u0027s orders as they involve worker exposure; the orders\u0027 own penalties (ORS 431A.010, 401.990) as recited in the attached Oregon State Police FAQ (DUT-OR-010).","functions":[],"notes":"Told every Oregon employer, eleven days after the first closure order, that the Safe Employment Act required \u0027a safe and healthful workplace for their employees, regardless of the industry type or job function\u0027 (OAR 437-001-0760(1) applying \u0027to all employers, including those in the construction industry\u0027), that Oregon OSHA \u0027has clear statutory authority to enforce other laws normally enforced by other agencies and other agencies\u0027 rules to the degree that they involve worker exposure to hazards\u0027 and would enforce \u0027the requirements of the executive order(s) as they relate to potential worker exposure to COVID-19,\u0027 that EO 20-12 para. 2 \u0027mandates the closure\u0027 of the listed businesses to the public, that EO 20-12 sec. 9 \u0027prohibits businesses and non-profits from work in offices whenever telework and work-at-home options are available\u0027 from March 25, 2020, and that licensed child care facilities \u0027must close\u0027 from March 25 through April 28, 2020 unless meeting the emergency-care conditions. Character as recorded: enforcement_record (press release; workplace_duty layer).","sourceUrl":"https://osha.oregon.gov/Documents/COVID-19-scope-for-Oregon-OSHA.pdf","snapshot":"http://web.archive.org/web/20200329083153/https://osha.oregon.gov/Documents/COVID-19-scope-for-Oregon-OSHA.pdf","fileExists":true,"fileBytes":735036,"grade":"primary","character":"enforcement_record","description":"","collection":"DUT-OR","url":"/library/DUT-OR-015","exhibitUrl":"/exhibit/DUT-OR-015","citation":"Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division\u0027s (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (updated Mar. 27, 2020): the agency\u0027s statement of the employer\u0027s statutory duty and of its authority to enforce the Governor\u0027s executive orders at the workplace (standing) (Ex. DUT-OR-015)","stateName":"Oregon","related":["DUT-OR-010","DUT-OR-005"]}