Ex. OR-048 Order Primary source read

OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022)

Masking Requirements for Indoor Spaces (from Aug. 27, 2021: Masking Requirements for Indoor and Outdoor Spaces)

Oregon Health Authority, Public Health Division · Oregon (State)

Open exhibit (PDF, 144 KB)Source

The COVID Project

Jurisdiction

Oregon

Level

State

Authority

ORS 413.042; ORS 431A.010; ORS 431.110; ORS 433.004

Issued

2021-08-11 Aug. 11, 2021

Effective

2021-08-13 (indoor); 2021-08-27 (PH 41-2021: crowded outdoor spaces) (read as 2021-08-13)

End

Temporary through Feb. 8, 2022; permanent Feb. 7, 2022; lifted 11:59 p.m. Mar. 11, 2022 (read as 2022-02-08)

In force

Aug. 13, 2021 to Feb. 8, 2022

Quarters

2021 Q3

Limitation types

Face-covering requirement Workplace rules

Addressees

every individual age five and older in Oregon
every 'person responsible for an indoor space' including public and private workplaces, businesses, building common areas, transportation hubs and public transportation

Functions reached

PF production floor (factories named)
JS construction sites (named)
FP farms (named)
OP offices (private individual enclosed workspace excepted)
SF sales floors (customers)
DR dining (masks except while eating)
FC fitness
PE performances (performer exception)
WS worship (indoor)
CB customers and visitors
HR PPE supply

Collection

Oregon OR

Operative words

(5) 'Individuals, regardless of vaccination status, are required to wear a mask, face covering or face shield except as exempted in section (6) of this rule when in an indoor space.'... 'Indoor spaces' [means] public/private workplaces, buildings, transportation, excluding private residences and personal vehicles; 'Public and private workplaces' [include] banks, factories, construction sites, farms... (7) [A person responsible for an indoor space] must: ensure employees, contractors, and volunteers comply; make reasonable efforts for customer/guest compliance; and post entrance signs stating masking requirements.... (3) This rule does not prohibit individuals or entities from imposing stricter masking requirements.... (9) [Violators face] civil penalties up to $500 daily per violation.

Enforcement

Civil penalty up to $500 per day per violation (OAR 333-019-1025(9); ORS 431A.010); Oregon OSHA enforcement in workplaces through AO 10-2021 (OR-049)

Notes

History (OARD): PH 35-2021 temporary adopt filed 08/11/2021 eff. 08/13/2021-02/08/2022; PH 41-2021 temporary adopt filed 08/27/2021 eff. 08/27/2021 (outdoor crowded spaces); PH 83-2021 filed 11/23/2021; PH 15-2022 adopt filed 02/07/2022. Exemptions: under five; sleeping; actively eating or drinking; swimming; private individual workspace; identity check; competitive sports; officiating; performing.

Retrieval note

Rendered to PDF from the saved page because the live render did not complete. the rule text on the exhibit controls.

The chain

Related instruments

Download this chain (ZIP: 13 files, ~7.7 MB)

Exhibit	Instrument	Issuer	Issued	Quarters	Relation
Ex. DUT-OR-011	Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance' (issued June 27, 2020; revised June 30, 2020)Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering…	Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services	June 27, 2020	2020 Q32020 Q42021 Q12021 Q2	Names this instrument in its effective or end text
Ex. OR-049	Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744)Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces	Oregon OSHA, Department of Consumer and Business Services	Aug. 13, 2021	2021 Q3	Cross-referenced
Ex. DUT-OR-002	Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health DirectorORS 431A.005, 431A.010 and 431A.015: enforcement of public health laws by administrative order, civil penalty…	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020)	Sept. 29, 2026	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-OR-003	Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon Health Authority's supervision of 'all matters relating to the preservation of life and health,' its duty and the local public health administrators' duty to enforce every public health law, and their power to restrain violations by injunctionORS 431.110, 431.150, 431.155, 431.157 and 431.413: general powers and duties of the Oregon Health Authority…	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)	Sept. 29, 2026	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-OR-013	Oregon OSHA Workplace Advisory Memo 8.13.21: Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests (Aug. 13, 2021)Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests	Oregon OSHA, Department of Consumer and Business Services	Aug. 13, 2021	2021 Q3	Cross-referenced
Ex. MET-PDX-012	Multnomah County's move from the Two-Week Freeze to the Extreme Risk category under the County Risk framework effective Dec. 3, 2020 (page as captured also carries the Aug. 26, 2021 statewide indoor and outdoor mask status message)Multnomah County will move from freeze to extreme risk Dec. 3	Multnomah County (announcing compliance); Governor Kate Brown and OHA (EO 20-66 County Risk framework)	Nov. 27, 2020	2020 Q42021 Q12021 Q2	Cross-referenced
Ex. MET-PDX-014	Executive order mandating masks in all indoor public spaces in Multnomah County for all persons 5 and older regardless of vaccination status, effective Aug. 13, 2021 (announced Aug. 9, 2021)Multnomah County Chair issues executive order mandating masks in all public indoor spaces	Chair Deborah Kafoury (executive order under the County emergency declaration)	Aug. 9, 2021	2021 Q3	Cross-referenced
Ex. MET-PDX-015	Board briefing of Aug. 10-11, 2021 confirming the countywide indoor mask mandate effective Aug. 13, 2021, its complaint-based enforcement and fines up to $1,000Commissioners voice support for mask mandate, praise Public Health for its leadership	Multnomah County Board of Commissioners (briefing); Chair Deborah Kafoury; Health Officer Dr. Jennifer Vines	Aug. 11, 2021	2021 Q3	Cross-referenced
Ex. MET-PDX-016	Announcement that the County's local mask requirement will be lifted March 12, 2022, with the County's own chronology of mask requirements from April 2020 (post-period exhibit establishing the duration of the August 2021 county mandate)After nearly two years of mandates, County follows state, will lift mask requirement March 12	Multnomah County (Chair Deborah Kafoury; Health Officer Dr. Jennifer Vines)	Mar. 1, 2022		Cross-referenced
Ex. SEC-17-GM-026	State Fair of Texas site as captured July 8, 2020: 'the State Fair of Texas will not open for the 2020 season'State fairs 2020: Minnesota (Aug. 27 - Sept. 7), Iowa (Aug. 13-23), Texas (Sept. 25 - Oct. 18), Ohio (July 29…	State fair boards and agricultural societies (public bodies) and the Illinois Department of Agriculture	July 7, 2020	2020 Q3	Cross-referenced
Ex. SEC-17-GM-029	Smithsonian Institution homepage as captured Mar. 14, 2020: all Smithsonian museums in Washington, D.C., the National Zoo and the New York City museums temporarily closedMuseums, zoos, aquariums, science centers and their ticketed exhibitions, school tours and member events	Museum and attraction operators (class); Smithsonian Institution (federal)	Mar. 14, 2020	2020 Q2	Cross-referenced
Ex. SEC-17-GM-045	MLSsoccer.com as captured Mar. 13, 2020: 'MLS suspends season for 30 days due to COVID-19 impact'; U.S. Open Cup suspendedMajor League Soccer 2020 season suspended (Mar. 12, 2020)	Major League Soccer	Mar. 12, 2020		Cross-referenced

OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022)

The record

Operative words

Enforcement

Notes

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