The COVID Project
The record
- Jurisdiction
- Oregon
- Level
- State
- Authority
- OAR 437-001-0744(3)(b) as amended by Administrative Order 10-2021 (Aug. 13, 2021; Ex. OR-049); OAR 333-019-1025 (OHA temporary rule PH 35-2021, Aug. 13, 2021; Ex. OR-048); ORS 654.022, 654.025(2)
- Issued
- 2021-08-13 Aug. 13, 2021
- Effective
- 2021-08-13 (with OAR 333-019-1025 and AO 10-2021) (read as 2021-08-13)
- End
- in force through Sept. 30, 2021 and beyond (OAR 333-019-1025 made permanent Jan. 2022; repealed 2022) (read as 2021-09-30)
- In force
- Aug. 13, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rulesOperating condition
- Addressees
- employers whose employees work in indoor spaces, including 'public and private workplaces' (OAR 333-019-1025 definitions, Ex. OR-048); owners or persons in control of premises ('a person responsible for an indoor space')
- Character
- agency position statement
- Collection
- Standing duties: Oregon DUT-OR
Operative words
The Oregon Health Authority has adopted OAR 333-019-1025, "Masking Requirements for Indoor Spaces." In response, Oregon OSHA has revised the provisions of OAR 437-001-0744(3)(b) to require employers whose employees work in such spaces to implement the requirements of the OHA rule.... As a matter of enforcement policy, Oregon OSHA will consider an employer to be making a reasonable effort
Penalty
Civil penalties of up to $500 per day per violation under OAR 333-019-1025(9) (Ex. OR-048); Oregon OSHA citations under ORS 654.086 for violating OAR 437-001-0744(3)(b) as amended by AO 10-2021 (Ex. OR-049).
What it required
Announced that Oregon OSHA had written the OHA indoor masking rule into every employer's duties under OAR 437-001-0744(3)(b) and stated how it would enforce the OHA rule's command that a person responsible for an indoor space 'must' ensure that employees, contractors and volunteers comply, make reasonable efforts as to customers and post signs at every entrance: an employer makes a 'reasonable effort' if it fully complies with the employee-compliance and signage duties, 'if practical, provides an audible reminder' by announcement or intercom, and 'does not actively contradict or otherwise undercut the rule's requirements.' Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; covid_workplace_rule layer).
Retrieval noteOne page. The memo quotes the OHA rule's duties as 'Paragraph (5)'; the filed rule in Ex. OR-048 numbers the same duties as section (7) ('A person responsible for an indoor space must: (a) Ensure that employees, contractors, and volunteers comply... (b) Make reasonable efforts to ensure customers, guests, visitors and other individuals comply... (c) Post signs at every entrance'). A first attempt rendered only the Wayback viewer frame; that file was discarded and replaced by the original PDF.