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Ex. DUT-OR-010 Standing duty Primary source read

Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives'

Emergency Declaration Enforcement FAQ

Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A) · Oregon (State)

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The record

Jurisdiction
Oregon
Level
State
Authority
Executive Order 20-12 (Ex. OR-007); ORS 401.990
Issued
2020-03-24 Mar. 24, 2020
Effective
2020-03-24
End
EO 20-12 superseded by EO 20-25 effective May 15, 2020 (Ex. OR-017); the Class C misdemeanor exposure continued under every successor order (read as 2020-05-15)
In force
Mar. 24, 2020 to May 15, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureGathering capOther
Addressees
  • persons generally; employers and employees of businesses closed to the public under EO 20-12 para. 2
Character
agency position statement
Collection
Standing duties: Oregon DUT-OR

Operative words

People that violate the Governor's Order in an Emergency Declaration could be arrested or cited, which is a C Misdemeanor- the lowest level of criminal conduct designation.... the employer may still have work to do on site. As long as employees are not conducting business that is prohibited by the Executive Order, it is okay to still be at the worksite.

Penalty

Class C misdemeanor (ORS 401.990), by citation or arrest, described as 'an extreme last resort if a person failed to comply with the lawful direction of a police officer.'

What it required

Stated, for the public and for employers, that violation of the Governor's order under the emergency declaration is a Class C misdemeanor punishable by citation or arrest (ORS 401.990), that no documentation or placard was required for employees going to work, and that employees of a business closed to the public could remain at the worksite only 'As long as employees are not conducting business that is prohibited by the Executive Order.' Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).

Retrieval note

Two pages, dated 03/24/2020 on its face. Oregon OSHA's Mar. 27, 2020 Q&A (DUT-OR-015) attaches it ('The attached document from the Oregon State Police may be helpful'). The FAQ's statements that 'a person's movements are not restricted' describe the OSP enforcement posture toward individuals; the order's commands to businesses (closures, distancing officer, telework prohibition) are in Ex. OR-007.