{"id":"OR-035","kind":"order","level":"state","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance)","authority":"ORS 401.168; ORS 401.175; ORS 401.188; ORS 433.441; ORS 401.035; ORS 401.192(1)","instrument":"Executive Order 20-66","title":"Risk and Protection Framework: County-by-County Metrics-Based Approach to Controlling COVID-19 Transmission to Conserve Hospital Capacity and Protect Human Health and Human Lives","dateIssued":"2020-12-02","effective":"2020-12-03 (first cycle: Clackamas, Multnomah, Washington and 26 other counties at Extreme Risk)","end":"Rescinded 12:01 a.m. June 30, 2021 by EO 21-15 para. 2","startDate":"2020-12-03","endDate":"2021-06-30","quarters":["2020Q4","2021Q1","2021Q2"],"types":["CAP","CLOSE","GATH","TELE","MASK","CURF","ALC","EVT","EMP","QUAR","TRAV"],"addressees":["individuals","every business, non-profit and sector named in para. 4(b)","all businesses and non-profits with offices (para. 6)","counties","OHA, Oregon OSHA, OLCC, Oregon State Police"],"clause":"1.... Executive Orders 20-27 and 20-65 are rescinded, and replaced by the directives in this Executive Order. 2. a. I delegate to OHA the authority to develop and issue, and from time to time revise, binding guidance for the public, for employers, and for particular sectors of the economy, to implement the directives of this Executive Order. OHA guidance may also provide definitions, clarifications, or needed modifications to the directives in this Executive Order, and may identify certain business types, the operation of which is prohibited during this emergency.... b.... once approved by the Governor and published, guidance issued to implement this Executive Order is enforceable to the same extent this Executive Order is enforceable.... 3. a. i. OHA is directed to develop and, upon approval by the Governor, publish Risk Level Metrics to systematically measure and identify, on a county-by-county basis, when counties are experiencing \u0022Lower Risk,\u0022 \u0022Moderate Risk,\u0022 \u0022High Risk,\u0022 and \u0022Extreme Risk\u0022 from COVID-19... 4. a. i. OHA is directed to issue guidance that defines and sets safety measures, operational limitations, and capacity limits for different sectors of the economy... Operational limitations may include, but are not limited to, closure of certain activities.... c. Businesses, non-profits, and other sectors must at all times be aware of the Risk Level in the counties where they operate and comply with the requirements applicable to those Risk Levels established in OHA guidance.... 6. a. When a county is at Extreme Risk: All businesses and non-profit entities with offices in that county shall facilitate telework and work-at-home by employees, to the maximum extent possible. Work in offices is prohibited whenever telework and work-at-home options are available, in light of position duties, availability of teleworking equipment, and network adequacy. b. When a county is at High or Moderate Risk: All businesses and non-profit entities with offices in that county are strongly recommended to facilitate telework... c. When a county is at Lower Risk: Businesses and non-profit entities with offices in that county may make limited return to work available.... d. For all Risk Levels: Businesses and non-profit entities with offices in Oregon must comply with any applicable OHA guidance, including but not limited to applicable sector-specific guidance, the guidance for employers, and the face coverings guidance.","enforcement":"Para. 10: public health laws enforceable under ORS 431A.010 \u0027including but not limited to enforcement via civil penalties..., which has a statutory maximum fine of $500 per day per violation\u0027; ORS 401.990 \u0027Class C misdemeanor, which is punishable by up to 30 days in jail or a fine of $1,250 or both\u0027; Oregon OSHA and OLCC directed to enforce under their own authorities; Oregon State Police to coordinate law enforcement; businesses \u0027may be closed until they demonstrate compliance\u0027","functions":["DR indoor dining prohibited at Extreme Risk (outdoor 50), 25 percent/50 at High, 50 percent/100 at Moderate, 50 percent/300 at Lower, closing 11 p.m. (OHA chart, secondary)","FC gyms and indoor recreation closed at Extreme (max six from Apr. 30, 2021), 25 percent/50 at High","PE indoor entertainment closed at Extreme","SF retail and malls 50 percent Extreme/High, 75 percent Lower","WS faith 25 percent or 100 at Extreme","GATH indoor social six (Extreme/High), eight (Moderate), ten (Lower)","OF office work prohibited where telework available at Extreme Risk (Multnomah Dec. 3, 2020-Feb. 11, 2021 and Apr. 30-May 6, 2021)","MASK statewide face coverings at every level","VS long-term care under DHS/OHA licensing guidance (para. 8(e))","QUAR/TRAV OHA individual guidance on isolation, quarantine and travel (para. 5(e)-(f))"],"notes":"Para. 4(b) enumerates the sectors for guidance: eating and drinking establishments; indoor recreation and fitness; indoor entertainment; retail; shopping centers and malls; faith institutions, funeral homes, mortuaries, cemeteries; outdoor recreation and fitness; outdoor entertainment; youth programs; personal services; drive-ins. Para. 8: schools, child care and higher education under EO 20-29, 20-19, 20-28; state buildings under DAS guidance; local government buildings exempt from para. 6 only; licensed health care and residential facilities under licensing guidance. figures rest on OPB (Nov. 25, 2020), Washington County HHS (Feb. 2021) and the bundled Sept. 9, 2026 research.","sourceUrl":"https://www.oregon.gov/gov/eo/eo-20-66.pdf","snapshot":"","fileExists":true,"fileBytes":19376799,"grade":"primary","character":"","description":"","collection":"OR","url":"/library/OR-035","exhibitUrl":"/exhibit/OR-035","citation":"Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035)","stateName":"Oregon","related":["DUT-OR-002","DUT-OR-004","MET-PDX-012","MET-PDX-038","OR-062"]}