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Ex. DUT-OR-012 Standing duty Primary source read

Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020)

Temporary Rule Addressing The COVID-19 Workplace Risks: Questions and Answers

Oregon OSHA, Department of Consumer and Business Services · Oregon (State)

The COVID Project

The record

Jurisdiction
Oregon
Level
State
Authority
OAR 437-001-0744 (Administrative Order 3-2020, Nov. 6, 2020, effective Nov. 16, 2020; Ex. OR-032); ORS 654.025(2), 656.726(4)
Issued
2020-11-23 Nov. 23, 2020
Effective
2020-11-23 (interpreting a rule effective Nov. 16, 2020) (read as 2020-11-23)
End
temporary rule expired May 4, 2021 and was replaced by the permanent rule the same day (Ex. OR-041); the Q&A's positions carried into the permanent rule's own Q&A (read as 2021-05-04)
In force
Nov. 23, 2020 to May 4, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitation types
Face-covering requirementWorkplace rulesOperating condition
Addressees
  • employers ('all workplaces in Oregon subject to Oregon OSHA jurisdiction'); exceptional-risk workplaces (direct patient care and the activities in rule subsection (1)(c))
Character
agency position statement
Collection
Standing duties: Oregon DUT-OR

Operative words

The responses in this document represent Oregon OSHA's current position on issues involving the Temporary Rule addressing the COVID-19 Workplace Risks.... 1. To whom does the temporary rule apply? This temporary rule applies to all workplaces in Oregon subject to Oregon OSHA jurisdiction. The section on Exceptional Risk applies to those activities listed in subsection (1)(c) of the rule.

Penalty

Citations and civil penalties under ORS 654.086 for violating OAR 437-001-0744 (Ex. OR-032; DUT-OR-014).

What it required

Stated the agency's enforcement positions on the all-workplace COVID-19 rule: that it 'applies to all workplaces in Oregon subject to Oregon OSHA jurisdiction'; how the six-foot distancing requirement and its feasibility exception would be evaluated in an inspection; how face coverings, barriers, sanitation, the exposure risk assessment ('must involve participation and feedback from employees'), the infection control plan and training deadlines would be enforced; and that personal-service providers (massage, hair salons, estheticians) fall under the all-workplace section rather than the exceptional-risk section. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; covid_workplace_rule layer).

Retrieval note

Twelve-page two-column Q&A (contact: Matt Kaiser, Oregon OSHA). The rule's own commands are in Ex. OR-032 ((3)(a) 'All employers must ensure' distancing; (3)(b) 'Each employer must ensure' face coverings 'in accordance with the requirements of the Oregon Health Authority's Statewide Mask, Face Covering, Face Shield Guidance'; the rule states that reliance on a face shield alone is 'strongly recommended, but not required' to be avoided, a recommendation recorded as such).