The COVID Project
The record
- Jurisdiction
- Oregon
- Level
- State
- 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)
- Issued
- 2020-06-27 June 27, 2020
- 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) (read as 2020-07-01)
- End
- OHA face-covering guidance rescinded effective June 30, 2021 (EO 21-15, Ex. OR-043); the memo's subject revived by OAR 333-019-1025 and AO 10-2021 on Aug. 13, 2021 (Ex. OR-048, OR-049; DUT-OR-013) (read as 2021-06-30)
- In force
- July 1, 2020 to June 30, 2021
- Quarters
- 2020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rulesOperating condition
- Addressees
- employers; owners or persons in control of premises ('a business or other responsible for indoor spaces'); specified businesses open to the public
- Character
- guidance incorporated
- Collection
- Standing duties: Oregon DUT-OR
Operative words
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
Penalty
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).
What it required
Stated Oregon OSHA's enforcement expectations for the mandatory OHA requirement that businesses require face coverings of employees and customers: an employee encountering an uncovered customer 'should politely draw the customer or visitor's attention to the public health requirement,' 'should politely inquire' whether a medical condition or disability prevents wearing one and offer an accommodation, and a customer who refuses 'should be politely told that the employer cannot serve them and that they need to leave the premises,' while the items labeled 'Best Practice' (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 ('businesses must comply with any applicable OHA guidance, including... face coverings guidance') and the OHA guidance's 'are required to' (Ex. OR-020, OR-025).
Retrieval noteTwo pages. The memo cites the OHA guidance at sharedsystems.dhsoha.state.or.us/DHSForms/Served/le2288K.pdf (the July 24, 2020 version is Ex. OR-025). Verbs recorded exactly: 'directs... to require' and 'the requirement' for the OHA guidance; 'expects,' 'should' and 'Best Practice' for the memo's own content. A first attempt rendered only the Wayback viewer frame; that file was discarded and replaced by the original PDF.